Agenda of Council - 7 September 2016

Council

07 September 2016

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TABLE OF CONTENTS

ITEM PAGE

Procedural

1 Apologies 7

2 Leave of absence 7

3 Conflict of Interest 7

4 Public Forum 7

5 Extraordinary/Urgent Items 7

6 Confirmation of Council Minutes 7

Reports - Policy and Strategy

7.1 Draft Cemetery Bylaw 2016 and Draft Cemetery Policy 9

7.2 Gambling Venue Policy and Draft TAB Venue Policy 31

7.3 Draft Ashton Flats Roading Bylaw 2016 91

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

Reports - Operational Matters

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

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

8.3 Disposal of Old Blackmount Hall 145

8.4 Mokonui Street Stormwater Upgrade, Te Anau 149

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

8.6 Management Report 213

8.7 Building Consents and Values for July 2016 223

Reports - Governance

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Public Excluded

Procedural motion to exclude the public 303

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

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

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

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

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

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

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

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

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

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

Council

7 September 2016

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Draft Cemetery Bylaw 2016 and Draft Cemetery Policy

Record No: R/16/7/10913

Author: Jenny Green, Senior Resource Management Planner - Consents

Approved by: Ian Marshall, Group Manager Services and Assets

☒ Decision ☐ Recommendation ☐ Information

Purpose

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

Executive Summary

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

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

Recommendation

That the Council:

a) Receives the report titled “Draft Cemetery Bylaw 2016 and Draft Cemetery Policy” dated 28 August 2016.

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

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

d) Determines that it is satisfied that:

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

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

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

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

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

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

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

Content

Background

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

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

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

Issues

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

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

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

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

Factors to Consider

Legal and Statutory Requirements

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

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

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

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

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

Community Views

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

Costs and Funding

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

Policy Implications

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

Analysis

Options Considered

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

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

Analysis of Options

Option 1 - Renew the Cemetery Bylaw 2006

Advantages

Disadvantages

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

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

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

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

Advantages

Disadvantages

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

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

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

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

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

Option 3 - Adopt an alternative form of Cemetery Bylaw

Advantages

Disadvantages

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

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

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

Assessment of Significance

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

Recommended Option

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

Next Steps

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

Attachments

a Submission Booklet Draft Cemetery Bylaw and Policy 2016 ⇩

b Final Draft Cemetery Bylaw 2016 ⇩

c Final Draft Cemetery Policy 2016 ⇩

Council

07 September 2016

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

SOUTHLAND DISTRICT COUNCIL CEMETERY BYLAW 2016

CONTENTS

1 SHORT TITLE, COMMENCEMENT AND APPLICATION.. 1

2 REVOCATION.. 1

3 DEFINITIONS.. 2

4 BURIALS AND PLOTS.. 2

5 HOURS FOR BURIALS.. 2

6 FEES.. 2

7 HEADSTONES AND MEMORIALS.. 3

8 SHRUBS AND TREES.. 4

9 WREATHS.. 4

10 FLOWERS AND TRIBUTES.. 4

11 VEHICLES.. 4

12 SOLICITING OF ORDERS.. 5

13 MISCONDUCT. 5

14 DISINTERMENT. 5

15 OFFENCES.. 5

1 SHORT TITLE, COMMENCEMENT AND APPLICATION

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

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

2 REVOCATION

2.1 The Southland District Council Cemetery Bylaw 2006 is revoked.

3 DEFINITIONS

3.1 For the purposes of this Bylaw:

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

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

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

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

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

"Council" means the Southland District Council.

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

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

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

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

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

4 BURIALS AND PLOTS

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

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

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

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

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

5 HOURS FOR BURIALS

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

6 FEES

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

7 HEADSTONES AND MEMORIALS

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

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

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

7.4 In any Beam Lawn Cemetery no person shall:

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

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

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

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

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

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

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

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

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

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

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

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

8 SHRUBS AND TREES

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

9 WREATHS

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

10 FLOWERS AND TRIBUTES

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

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

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

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

11 VEHICLES

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

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

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

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

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

12 SOLICITING OF ORDERS

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

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

13 MISCONDUCT

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

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

14 DISINTERMENT

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

14.2 The disinterment must be conducted in the presence of:

a) a Council officer(s); and

b) a Funeral Director; and

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

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

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

15 OFFENCES

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

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

THE COMMON SEAL of the }

SOUTHLAND DISTRICT COUNCIL }

was hereunto affixed in the presence of }

MAYOR

CHIEF EXECUTIVE

Council

07 September 2016

CEMETERY MANAGEMENT POLICY

1 PURPOSE

The Southland District Council Cemetery Management Policy aims to ensure:

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

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

• That remembrance can occur in the best possible surroundings.

2 DEFINITIONS AND ABBREVIATIONS

Term	Meaning
Beam Lawn Cemetery	Means a cemetery or part of a cemetery in which the surface is laid down as a grass lawn with headstones plaques and tablets erected on the beam provided by Council at the head of the burial plots.
Burial Plot	Means a plot in a cemetery used for the burial of the dead.
Burial Warrant	Means a certificate issued by Council after application on the prescribed form and payment of any fees authorising the burial of the person named in it and prescribing the terms and conditions of burial.
Cemetery	Means any cemetery vested in or under the control of Council.
Closed Cemetery	Means a cemetery which has been closed by a closing order.
Council / SDC	Means the Southland District Council.
Disinterment	Means the removal of any body (or remains of any body) buried in any cemetery.
Exclusive Right of Burial	Means the allocation of a plot(s) for exclusive burial at a later date, in accordance with Section 10 of the Burial and Cremation Act 1964.
Existing Plot	Means a plot previously used for a burial.
Funeral Director	Means a person whose business is, or includes, disposing of bodies.
Manager	Means the person appointed by Council to manage its cemeteries.
Service Person	Means a person who has been on operational service in Her Majesty’s Forces pursuant to Section 15 (a)(i) of the Burial and Cremation Act 1964.
Sexton	Means any person approved by Council to manage the day to day activities of any cemetery and includes his or her assistants.

3 SCOPE

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

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

4 POLICY DETAILS

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

4.1 Interments

4.1.1 Burial Warrants

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

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

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

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

4.1.2 Authorisation

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

4.1.3 Hours of Burial

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

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

4.2 Exclusive Right of Burial

4.2.1 General

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

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

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

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

4.2.2 Transfer of an Exclusive Right of Burial to Another Party

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

4.2.3 Surrender of an Exclusive Right of Burial to Council

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

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

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

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

4.2.4 Transfer to Surviving Holder where Exclusive Right is held jointly

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

4.2.5 Exclusive Right Bequeathed

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

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

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

4.3 Burial of Her Majesty’s Service Personnel

Southland District Council may:

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

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

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

4.4 Burials not managed by a Funeral Director

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

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

a) The full name of deceased.

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

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

d) The date and time for burial.

e) Any special services required for burial.

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

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

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

4.5 Disinterment

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

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

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

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

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

4.6 Cemetery Standards

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

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

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

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

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

d) Ensure allocated plots are maintained to acceptable standards.

4.7 Cemetery Maintenance

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

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

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

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

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

Council is responsible for:

Individuals are responsible for:

· Maintaining adequate access to gravesites.

· Maintaining any communal spaces (such as lawns).

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

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

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

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

4.8 Funding, Fees and Charges

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

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

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

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

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

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

e) Cremated ashes into existing plot - no charge.

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

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

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

4.9 Burial Charges: Poor Persons

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

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

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

4.10 Non-Council Controlled Cemeteries

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

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

4.11 Cemetery Records

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

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

4.12 Public Use of Cemeteries

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

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

5 ROLES AND RESPONSIBILITIES

Party/Parties	Roles and Responsibilities
«Party»	«Roles»
«Party»	«Roles»
«Party»	«Roles»

6 ASSOCIATED DOCUMENTS

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

• Southland District Council Cemetery Bylaw 2016;

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

• Burial and Cremation Act 1964.

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

7 REVISION RECORD

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

Council

7 September 2016

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Gambling Venue Policy and Draft TAB Venue Policy

Record No: R/16/7/10937

Author: Jenny Green, Senior Resource Management Planner - Consents

Approved by: Rex Capil, Group Manager Community and Futures

☒ Decision ☐ Recommendation ☐ Information

Purpose

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

Executive Summary

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

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

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

Recommendation

That the Council:

a) Receives the report titled “Gambling Venue Policy and Draft TAB Venue Policy” dated 31 August 2016.

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

d) Adopts the draft Gambling Venue Policy (Attachment C) with the current sinking lid approach and which allows for the same number of machines to be relocated.

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

Content

Background

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

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

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

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

Issues

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

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

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

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

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

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

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

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

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

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

Factors to Consider

Legal and Statutory Requirements

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

Community Views

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

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

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

Costs and Funding

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

Policy Implications

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

Analysis

Options Considered

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

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

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

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

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

Analysis of Options

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

Advantages	Disadvantages
· Council is legislatively required to have policies on gambling venue and TAB venues and the current policies are compliant. · The sinking lid policy assists in the gradual decline of pokie machines, which may reduce harm. · The current Gambling Venue Policy and the proposed amended TAB Venue Policy are aligned with the approach of other territorial authorities within the Southland region. · Amendments to the TAB Venue Policy would not reflect a change in Southland District Council’s approach to TAB venues. Rather, amendments would clarify that Council requires only that any new stand-alone TAB venue to comply with the provisions of the Southland District Plan (ie no other specific conditions apply). · This approach is aligned with the general intent of adjoining local authorities’ policies, providing for regional consistency.	· Some stakeholders may prefer an alternative approach to that taken in the current Gambling Venue Policy and/or the draft TAB Venue Policy, however these policies recognise the risks to public health arising from problem gambling. The Gambling Venue Policy was the subject of extensive community engagement prior to its adoption in 2013. The approach in the draft TAB Venue Policy is largely the same as the current policy which was also the subject of consultation in 2013.

Advantages

Disadvantages

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

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

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

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

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

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

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

Advantages

Disadvantages

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

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

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

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

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

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

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

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

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

Advantages	Disadvantages
· This approach would respond to the preferences of some stakeholders, particularly those involved in gaming and hospitality.	· A capped approach would not be the preference of health and social welfare organisations.
· The number of pokie machines in the Southland District may have reduced to an appropriate level as a result of the sinking lid approach Council has taken since 2013. · A capped approach may support hospitality businesses which may be currently facing a range of other challenges (eg increased costs as a result of changes to food and alcohol regulation). · A capped approach would not further diminish community funding available from gambling trusts.	· A capped approach would not contribute to further reducing the social impacts of problem gambling.

Advantages

Disadvantages

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

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

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

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

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

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

Assessment of Significance

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

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

Recommended Option

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

Next Steps

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

Attachments

a Submissions booklet - Gambling and TAB Venue Policies ⇩

b Gambling Venue Policy 2013 as advertised ⇩

c Proposed Revised Gambling Venue Policy ⇩

d Draft TAB Venue Policy 2016 ⇩

Council

07 September 2016

POLICY: GAMBLING VENUE POLICY

GROUP RESPONSIBLE: Regulatory Services

DATE APPROVED: 15 May 2013

DATE AMENDED:

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

1. INTRODUCTION

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

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

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

2. DEFINITIONS

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

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

Corporate Society – means a society that is:

(a) Incorporated under the Incorporated Societies Act 1968 or

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

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

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

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

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

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

The Council - means Southland District Council.

3. OBJECTIVES

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

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

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

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

4. Restrictions on venue and machine consents

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

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

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

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

5. Transfer or changes to existing venues and machine consents

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

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

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

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

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

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

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

6. Visual and Sound

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

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

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

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

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

7. Encouraging Responsible Gambling Practices

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

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

• Regulations made under the Gambling Act 2003 set out:

- What constitutes an unsuitable venue.

- Requirements and restrictions regarding gambling machines.

- Requirements of venues to provide information about problem gambling.

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

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

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

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

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

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

8. APPLICATIONS FOR CONSENT

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

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

• Name and contact details of the applicant.

• Names of venue management staff.

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

• Fees.

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

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

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

9. COMMENCEMENT OF POLICY

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

This Policy is effective from 18 May 2013.

10. REVIEW OF POLICY

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

Council

07 September 2016

POLICY: GAMBLING VENUE POLICY

GROUP RESPONSIBLE: Regulatory Services

DATE APPROVED: 15 May 2013

DATE AMENDED: ?? August 2016

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

1. INTRODUCTION

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

2. DEFINITIONS

Corporate Society – means a society that is:

(a) Incorporated under the Incorporated Societies Act 1968 or

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

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

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

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

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

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

The Council - means Southland District Council.

3. OBJECTIVES

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

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

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

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.

(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.

5. Transfer or changes to existing venues and machine consents

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

(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:

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

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

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

7. Encouraging Responsible Gambling Practices

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

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

• Regulations made under the Gambling Act 2003 set out:

- What constitutes an unsuitable venue.

- Requirements and restrictions regarding gambling machines.

- Requirements of venues to provide information about problem gambling.

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

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

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

8. APPLICATIONS FOR CONSENT

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

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

• Name and contact details of the applicant.

• Names of venue management staff.

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

• Fees.

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

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

9. COMMENCEMENT OF POLICY

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

This Policy is effective from 18 May 2013.

10. REVIEW OF POLICY

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

Council

7 September 2016

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Draft Ashton Flats Roading Bylaw 2016

Record No: R/16/7/11213

Author: Tamara Dytor, Policy Analyst

Approved by: Ian Marshall, Group Manager Services and Assets

☒ Decision ☐ Recommendation ☐ Information

Purpose

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

Executive Summary

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

Recommendation

That the Council:

a) Receives the report titled “Draft Ashton Flats Roading Bylaw 2016” dated 7 September 2016

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

d) Considers the submissions received (Attachment A) and made in relation to the draft Ashton Flats Roading Bylaw 2016 and as a result makes two corrections to numbering references in section 4.2 and 4.6

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

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

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

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

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

Content

Background

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

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

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

Issues

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

Factors to Consider

Legal and Statutory Requirements

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

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

(a) protecting the public from nuisance,

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

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

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

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

Community Views

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

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

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

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

Costs and Funding

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

Policy Implications

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

Analysis

Options Considered

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

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

(b) Not control access to the road.

Analysis of Options

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

Advantages

Disadvantages

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

· Information on specific users will be known

· Damage to the road environment can be controlled

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

Option 2 – Not control access to the road

Advantages

Disadvantages

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

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

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

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

Assessment of Significance

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

Recommended Option

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

Next Steps

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

Attachments

a Submissions Booklet ⇩

b DRAFT Ashton Flats Roading Bylaw 2016 ⇩

Council

7 September 2016

sdclogo

Drafts Signs and Objects on Roads and Footpaths Bylaw 2016

Record No: R/16/8/13817

Author: Jenny Green, Senior Resource Management Planner - Consents

Approved by: Ian Marshall, Group Manager Services and Assets

☒ Decision ☐ Recommendation ☐ Information

Purpose

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

Executive Summary

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

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

Recommendation

That the Council:

a) Receives the report titled “Drafts Signs and Objects on Roads and Footpaths Bylaw 2016” dated 31 August 2016.

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

d) Determines that it is satisfied that:

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

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

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

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

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

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

Content

Background

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

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

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

Issues

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

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

9 The key amendments suggested in submissions were:

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

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

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

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

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

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

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

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

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

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

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

Factors to Consider

Legal and Statutory Requirements

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

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

(a) protecting the public from nuisance,

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

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

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

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

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

Community Views

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

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

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

Costs and Funding

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

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

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

Policy Implications

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

Analysis

Options Considered

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

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

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

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

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

22 Council could consider the following options:

· Adopt the draft Bylaw as released for public consultation;

· Adopt the draft Bylaw with suggested amendments from submissions;

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

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

Analysis of Options

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

Advantages

Disadvantages

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

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

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

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

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

Advantages

Disadvantages

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

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

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

Advantages	Disadvantages
· This approach may be preferred by business owners but it would rely on all people placing signs on roads and footpaths to consider all other users at all times. In reality, this may not happen.	· Not regulating the placement of signs and objects on roads and footpaths allows for public safety issues to occur. There may also be unregulated hazards and obstructions to all users. A lack of regulation is likely to affect disabled persons (particularly wheelchair users) and those using prams and trolleys.

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

Advantages	Disadvantages
· The current Bylaw is not due for legislative review until 2018. However, the new District Plan has prompted a review of the Bylaw to ensure alignment.	· The current Bylaw relates specifically to advertising signs. The proposed Bylaw is intended to address signs and objects not on private property and would address all signs, rather than only advertising signs.

Assessment of Significance

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

Recommended Option

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

Next Steps

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

Attachments

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

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

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

Council

07 September 2016

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

SOUTHLAND DISTRICT COUNCIL SIGNS AND OBJECTS ON ROADS AND

FOOTPATHS BYLAW 2016

CONTENTS

1 TITLE.. 1

2 PURPOSE.. 1

3 COMMENCEMENT AND APPLICATION.. 1

4 REPEAL. 2

5 INTERPRETATION.. 3

6 GENERAL CONTROL OF SIGNS.. 4

7 SIGNS AND FLAGS ON FOOTPATHS.. 4

8 GENERAL CONTROL OF OBJECTS ON FOOTPATHS.. 5

9 STANDARD CONDITIONS FOR PERMITS.. 6

10 FEES AND CHARGES.. 7

11 DELEGATIONS.. 7

12 PERMITS.. 8

13 OFFENCES AND PENALTIES.. 8

PART 1

PRELIMINARY PROVISIONS

1 TITLE

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

2 PURPOSE

2.1 This Bylaw is made for the purposes of:

a) Protecting the public from nuisance.

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

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

3 COMMENCEMENT AND APPLICATION

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

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

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

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

4 REPEAL

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

5 INTERPRETATION

5.1 In this Bylaw:

Advertising	means using words or any pictorial or other representation to notify the availability of or to promote the sale of an object, a product, a service or business.
Authorised Officer	means a person appointed or authorised by the Council to act on its behalf in relation to this Bylaw.
Council	means the Southland District Council.
District Plan	means the operative Southland District Plan.
Display	means place, erect, construct or fix.
Flag Sign	means a flag with advertising.
Footpath	means that portion of any road laid out or constructed for the use of pedestrians and includes the edging and kerbing and includes any footbridge.
Footpath Sign	means a sign containing advertising displayed on a footpath but does not include a flag sign.
Pedestrian	A person travelling on foot, in a wheelchair or a mobility scooter or using a buggy, pushchair or perambulator.
Permit	means any approval or consent required or given by the Council under this Bylaw.
Road	means the whole of any land which is within a district, and which— (a) immediately before the commencement of this Part was a road or street or public highway; or (b) immediately before the inclusion of any area in the district was a public highway within that area; or (c) is laid out by the Council as a road or street after the commencement of this Part; or (d) is vested in the Council for the purpose of a road as shown on a deposited survey plan; or (e) is vested in the Council as a road or street pursuant to any other enactment;— and includes— (f) except where elsewhere provided in this Part, any access way or service lane which before the commencement of this Part was under the control of any council or is laid out or constructed by or vested in any council as an access way or service lane or is declared by the Minister of Works and Development as an access way or service lane after the commencement of this Part or is declared by the Minister of Lands as an access way or service lane on or after 1 April 1988: (g) every square or place intended for use of the public generally, and every bridge, culvert, drain, ford, gate, building, or other thing belonging thereto or lying upon the line or within the limits thereof;— but, except as provided in the Public Works Act 1981 or in any regulations under that Act, does not include a motorway within the meaning of that Act or the Government Roading Powers Act 1989
Sign	means words or any pictorial or other representation or notice on any material or object. This does not include any illuminated sign, which will be assessed under the provisions of the District Plan.
Temporary Sign	means a sign that is portable and not fixed to land or buildings.

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

PART 2

CONTROL OF SIGNS

6 GENERAL CONTROL OF SIGNS

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

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

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

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

7 SIGNS AND FLAGS ON FOOTPATHS

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

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

Minimum height	0.5 metres
Maximum height	1.0 metres
Maximum width	0.6 metres
Maximum base spread	0.6 metres

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

Maximum height	3.0 metres
Maximum width	0.9 metres
Maximum base spread	0.6 metres
Minimum clearance height to the footpath	2.1 metres

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

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

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

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

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

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

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

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

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

d) A Flag Sign fixed to a building must:

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

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

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

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

PART 3

OBJECTS ON FOOTPATHS

8 GENERAL CONTROL OF OBJECTS ON FOOTPATHS

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

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

PART 4

STANDARD CONDITIONS FOR PERMITS

9 STANDARD CONDITIONS FOR PERMITS

9.1 All Permits

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

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

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

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

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

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

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

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

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

9.2 Displaying a sign in a public place

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

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

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

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

9.3 Placing objects on or use of the footpath

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

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

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

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

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

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

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

PART 5

ADMINISTRATION

10 FEES AND CHARGES

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

11 DELEGATIONS

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

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

a) Process, grant or refuse permits;

b) Specify the conditions that apply to a permit;

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

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

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

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

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

12 PERMITS

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

a) Complete the required application form;

b) Pay the applicable fee; and

c) Comply with the conditions of that Permit.

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

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

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

PART 6

ENFORCEMENT

13 OFFENCES AND PENALTIES

13.1 Every Person or Permit holder who:

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

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

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

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

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

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

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

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

Council

07 September 2016

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

SOUTHLAND DISTRICT COUNCIL SIGNS AND OBJECTS ON ROADS AND

FOOTPATHS BYLAW 2016

CONTENTS

1 TITLE.. 1

2 PURPOSE.. 1

3 COMMENCEMENT AND APPLICATION.. 2

4 REPEAL. 2

5 INTERPRETATION.. 2

6 GENERAL CONTROL OF SIGNS.. 4

7 SIGNS AND FLAGS ON FOOTPATHS.. 4

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

9 LOCATION OF SIGNS AND OBJECTS.. 5

10 FEES AND CHARGES.. 6

11 DELEGATIONS.. 7

12 PERMITS.. 7

13 OFFENCES AND PENALTIES.. 8

14 COMPLIANCE MONITORING.. 8

PART 1

PRELIMINARY PROVISIONS

1 TITLE

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

2 PURPOSE

2.1 This Bylaw is made for the purposes of:

a) Protecting the public from nuisance.

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

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

3 COMMENCEMENT AND APPLICATION

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

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

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

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

4 REPEAL

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

5 INTERPRETATION

5.1 In this Bylaw:

Advertising	means using words or any pictorial or other representation to notify the availability of or to promote the sale of an object, a product, a service or business.
Authorised Officer	means a person appointed or authorised by the Council to act on its behalf in relation to this Bylaw.
Council	means the Southland District Council.
District Plan	means the operative Southland District Plan.
Display	means place, erect, construct or fix.
Flag Sign	means a flag with advertising.
Footpath	means that portion of any road laid out or constructed for the use of pedestrians and includes the edging and kerbing and includes any footbridge.
Footpath Sign	means a sign containing advertising displayed on a footpath but does not include a flag sign.
Object	Includes any item other than a sign displayed on a road or footpath by the occupier of a premises. It includes planter boxes, topiaries and items displayed for sale but does not include furniture placed on roads and footpaths for the purposes of alfresco dining.
Pedestrian	A person travelling on foot, in a wheelchair or a mobility scooter or using a buggy, pushchair or perambulator.
Permit	means any approval or consent required or given by the Council under this Bylaw.
Road	means the whole of any land which is within a district, and which— (a) immediately before the commencement of this Part was a road or street or public highway; or (b) immediately before the inclusion of any area in the district was a public highway within that area; or (c) is laid out by the Council as a road or street after the commencement of this Part; or (d) is vested in the Council for the purpose of a road as shown on a deposited survey plan; or (e) is vested in the Council as a road or street pursuant to any other enactment;— and includes— (f) except where elsewhere provided in this Part, any access way or service lane which before the commencement of this Part was under the control of any council or is laid out or constructed by or vested in any council as an access way or service lane or is declared by the Minister of Works and Development as an access way or service lane after the commencement of this Part or is declared by the Minister of Lands as an access way or service lane on or after 1 April 1988: (g) every square or place intended for use of the public generally, and every bridge, culvert, drain, ford, gate, building, or other thing belonging thereto or lying upon the line or within the limits thereof;— but, except as provided in the Public Works Act 1981 or in any regulations under that Act, does not include a motorway within the meaning of that Act or the Government Roading Powers Act 1989
Sign	means words or any pictorial or other representation or notice on any material or object. This does not include any illuminated sign, which will be assessed under the provisions of the District Plan.
Temporary Sign	means a sign that is portable and not fixed to land or buildings.

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

PART 2

CONTROL OF SIGNS

6 GENERAL CONTROL OF SIGNS

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

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

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

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

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

7 SIGNS AND FLAGS ON FOOTPATHS

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

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

Minimum height	0.5 metres
Maximum height	1.0 metres
Maximum width	0.6 metres
Maximum base spread	0.6 metres

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

Maximum height	3.0 metres
Maximum width	0.9 metres
Maximum base spread	0.6 metres
~~Minimum clearance height to the footpath~~	~~2.1 metres~~

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

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

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

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

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

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

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

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

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

d) A Flag Sign fixed to a building must:

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

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

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

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

PART 3

OBJECTS ON ROADS AND FOOTPATHS

8 GENERAL CONTROL OF OBJECTS ON ROADS AND FOOTPATHS

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

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

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

PART 4

STANDARD CONDITIONS ~~FOR PERMITS~~

9 LOCATION OF SIGNS AND OBJECTS

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

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

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

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

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

9.5 Displaying a sign in a public place

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

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

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

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

9.6 Placing objects on or use of the footpath

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

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

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

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

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

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

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

PART 5

ADMINISTRATION

10 FEES AND CHARGES

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

11 DELEGATIONS

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

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

a) Process, grant or refuse permits;

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

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

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

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

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

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

12 PERMITS

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

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

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

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

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

a) Complete the required application form;

b) Pay the applicable fee; and

c) Comply with the conditions of that Permit.

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

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

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

PART 6

ENFORCEMENT AND COMPLIANCE

13 OFFENCES AND PENALTIES

13.1 Every Person or Permit holder who:

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

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

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

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

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

13.5 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.

14 COMPLIANCE MONITORING

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

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

Council

7 September 2016

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

Record No: R/16/8/13728

Author: Susan McNamara, Management Accountant

Approved by: Anne Robson, Chief Financial Officer

☒ Decision ☐ Recommendation ☐ Information

Purpose

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

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

Executive Summary

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

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

Recommendation

That the Council:

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

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

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

Category/Town	Project Name	Amount
District	Vince Boyle Collection Display	9,417
District	Review of core IT systems in Council	232,911
District	Statutory live reporting of water consents to Environment Southland	10,000
Edendale-Wyndham	Wyndham Community Housing painting	15,000
District	Minor Improvements (Guardrails and Bridges below $300,000)	430,000
Athol	Beautification upgrade	5,000
Colac Bay	New Tables and beautification	2,000
Garston	Toilet upgrade	23,000
Lumsden	Upgrade railway heritage area	25,625
Manapouri	Commemorative rock	11,990
Manapouri	Exterior Wall Cladding Upgrade on Community Centre	54,766
Mararoa Waimea	Minor road improvements particularly the sealing of unsealed roads	100,000
Ohai/Nightcaps/Wairio Water	Establishing District Metered Areas	12,471
Orepuki	Information kiosk	1,831
Orepuki	Kitchen upgrade in Community Centre	1,981
Riversdale	New street lighting	12,000
Riversdale	Sludge removal at wastewater ponds	116,986
Riverton/Aparima	Palmerston Street Beautification	8,500
Riverton/Aparima	Replacement Grandstand Facility	95,645
Riverton/Aparima	Finalisation of water scheme upgrade	40,940
Riverton/Aparima	Scheme Improvements	524,248
Stewart Island/Rakiura	Replace footpath on Main Rd from telecom phone box to The Fernery (65 m)	25,000
Stewart Island/Rakiura	development of rest area/walking track entrance Horseshoe Point Rd	40,000
Stewart Island/Rakiura	17 m long path from Golden Bay Rd to front of pavilion at Traill Park	6,000
Stewart Island/Rakiura	Additional standby generation/storage at critical wastewater station	118,468
Stewart Island/Rakiura	Oban Wastewater Oxidation pond aerator	55,000
Category/Town	Project Name	Amount
Te Anau	Reconfigure & refurbish library building	16,575
Te Anau	Street Lighting	20,500
Te Anau	Te Anau Boat Harbour Dump Station	5,300
Te Anau	Lions Park Playground Improvements	21,054
Te Anau	Skate Park upgrade	79,500
Te Anau	Lions Park - New slide	30,000
Te Anau	Water Park - New Track	30,000
Te Anau	Flood protection of oxidation pond	622,984
Te Anau	Interim upgrade of discharge from existing Oxidation Pond	109,631
District Reserves	Curio bay upgrade of wastewater facilities	29,031
Eastern Bush	Water Supply Upgrade - Initial works	19,170
Winton	Vince Boyle Collection Display	1,750
Winton	Investigations of flooding - Meldrum Street	50,000
Winton	Levelling Plots and re-sow grass	15,000
Winton	Winton Memorial Hall - major upgrade	451,913
Winton	Wastewater treatment upgrade	469,570
Woodlands	Landscaping along Woodlands South Rd-Railway	10,000
SIESA	Fuel tanks (2x20,000L) replacement	85,000
SIESA	Fuel pumps replacement	20,000
SIESA	Smart Meters	23,254
Total		$4,089,011

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

Content

Background

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

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

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

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

Issues

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

Factors to Consider

Legal and Statutory Requirements

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

Community Views

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

Costs and Funding

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

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

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

Policy Implications

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

Analysis

Options Considered

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

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

Analysis of Options

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

Advantages	Disadvantages
· Projects can be completed/undertaken, although later than originally planned.	· Risk associated with forecast costs increasing as a result of the delay/deferral in undertaking the project.

Option 2 - Approve selected projects that have not yet started

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

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

Advantages

Disadvantages

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

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

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

· Rates may have been collected for projects that were not completed.

· Selection process for which projects are carried forward could be queried.

Option 3 - Decline all projects not yet started

20 Only projects planned in 2015/2016 will be undertaken.

21 Where the project was funded from rates, the surplus funds will be retained in a reserve for future use.

Advantages

Disadvantages

· None

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

· Rates may have been collected for projects that were not completed.

Assessment of Significance

22 This matter is considered significant as the total projects proposed to be carried forward equate to $4.1 million, which is above the financial significance threshold of $2.0 million as per Council’s Significance and Engagement Policy. Although this decision is considered significant, Council staff consider that no further community consultation is required in relation to these projects as:

· The projects have been consulted on with the community and adopted as part of the 2015/2025 Long Term Plan process.

· Individually or in aggregate the projects do not have a significant impact on any one community or the whole district.

· Individually or in aggregate the projects do not affect the level of service of any activity.

· Individually the projects are not of a significant value.

· The overall cost of the projects has not changed from the amounts previously approved by Council.

Recommended Option

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

Next Steps

24 Action Council’s recommendation, including amending financial forecasts for projects approved to be carried forward and advising Council staff and communities of projects approved to be carried forward.

Attachments

a 2015 2016 Proposed Carry Forwards into 2016 2017 year ⇩

Council

7 September 2016

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Mokonui Street Stormwater Upgrade, Te Anau

Record No: R/16/8/13467

Author: Joe Findley, Contracts Administrator

Approved by: Ian Marshall, Group Manager Services and Assets

☒ Decision ☐ Recommendation ☐ Information

Purpose

1 This report is to consider the recommendation from the Te Anau Community Board for the proposed upgrade of the existing stormwater main along Mokonui Street in Te Anau.

Executive Summary

2 The objective of this report is to outline the recommendation from the Te Anau Community Board on the options for the upgrade of the existing Mokonui Street Stormwater main in
Te Anau.

3 The Te Anau Community Board at the meeting on the 31^st August 2016 are considering a report on the proposed Option 1 for the renewal of the stormwater main and it is proposed they recommend to Council to approve the project proceed with funding from the Te Anau Stormwater Reserves budget. The decision of the Board will be available by the time of the Council meeting.

4 The project involves renewing the existing stormwater pipeline within Mokonui Street between Town Centre (Main Street) and number 5 Mokonui Street. Replacing the existing 150 mm diameter earthenware pipeline with a 300 mm diameter PVC pipeline through a new alignment.

Recommendation

That the Council:

a) Receives the report titled “Mokonui Street Stormwater Upgrade, Te Anau” dated 29 August 2016.

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

d) Approves the unbudgeted expenditure for the project to proceed with use of funds from the Te Anau Stormwater Reserves Budget to an estimated $72,000.00.

e) Delegate’s authority to Council’s Group Manager, Services and Assets to award contracts for the delivery of the project works.

Background

5 The objective of this report is to outline the recommendation from the Te Anau Community Board for the upgrade of the existing stormwater main on Mokonui Street, Te Anau.

6 Over recent months there has been flooding/ponding of stormwater outside number
5 Mokonui Street, affecting private property in the process. The Te Anau Community Engineer engaged Councils Water and Waste Department to investigate the condition of the stormwater pipeline and the stormwater flooding that has been occurring in Mokonui Street.

7 SouthRoads Ltd, Council’s roading maintenance contractor in the Te Anau area, has confirmed that they were called out to the site on three occasions in February 2016 in response to stormwater issues. Council staff have added to the history of poor performance of this line, recalling times when the capacity of the existing line had not kept up with requirement resulting in localised flooding. There has been flooding of private property as a direct result of the limited capacity of the existing line, a copy of RFS-67323 is included in Appendix B. Correspondence from an affected landowner show 11 instances of localise flooding of private property between May 2015 and August 2016.

8 Records show the existing 150 mm diameter earthenware stormwater pipeline was laid in 1967 but is in poor condition, affected by root intrusion from trees planted over top of the pipe and is ineffective in its purpose in freely draining stormwater runoff.

9 An existing stormwater sump opposite 14 Mokonui Street currently drains to a soakhole in Lions Park. When this soakhole fails to keep up with certain rainfall intensities, water fills up the sump and then continues down Mokonui Street via kerb and channel flow to drain into the sump outside number 5 Mokonui Street.

Issues

10 Work undertaken as part of the Council’s investigation of the stormwater main found that the existing pipes were in poor condition and were affected by root intrusion causing blockages along the main between a street sump outside number 5 Mokonui and the stormwater manhole on Town Centre (Main Street). If left there is a significant risk the main will block or collapse completely, causing further surface flooding issues during rain events. During heavy rainfall, the additional overflow from the sump opposite 14 Mokonui Street further overloads the already strained capacity of the existing pipeline.

11 The proposed contract works would involve establishing a new manhole and replacing the existing 150 mm diameter pipeline with a 300 mm diameter pipeline in a new alignment out in the west bound vehicle lane of Mokonui Street, including all associated structures and works. A sump and 225 mm diameter lead will be replaced from outside number 5 Mokonui Street running to the newly established manhole. This new sump will have a greater capacity and increased pipe size (from 150 mm to 225 mm) to more effectively deal with run-off during heavy rainfall.

12 The increase in pipe size will help to accommodate larger rainfall events and reduce the likelihood of blockages. It is also proposed to install and cap off, a 300 mm pipe lead to the new manhole from the north west, to accommodate any future stormwater upgrade along Mokonui Street, or in the event that the existing soakage hole which services a street sump opposite number 14 Mokonui fails, this could be piped to this 300 mm lead without having to do any additional work to the manhole, saving future cost. Please refer to Appendix A, showing the plans of the existing stormwater alignment and proposed new alignment.

Factors to Consider

Legal and Statutory Requirements

13 This project is being undertaken in accordance with the statutory processes and to fulfil Council’s statutory obligations set out in the Local Government Act 2002.

Community Views

14 Council staff met on-site with Te Anau Community Board Chair, Ann Carran, during July to discuss the project.

15 No consultation with the wider community has been undertaken at present, all work will be confined to within the road reserve. Prior to the works starting all affected property owners will be notified along with a notice of works being placed on the SDC website and other appropriate media outlets. The proposed project is not currently in the Long Term Plan.

Costs and Funding

16 Funding for this work requires to be approved by the Council, the Water and Waste Department has prepared a cost estimate of the recommended Option 1 with a breakdown in the below table:

Item	Costs
Construct two new manholes	$15,000.00
Lay approx. 42 m of 300 mm PVC pipe	$20,000.00
Install new sump and 225 mm lead to manhole	$5,000.00
Connect existing sump to new main	$2,000.00
CCTV, Traffic Management, Service Location, As-Builts	$8,000.00
SDC Water and Waste Department fees	$7,000.00
Contingency	$15,000.00
Total cost to CDA	$72,000.00

17 Funding the project through local stormwater reserves would mean there is no extra cost to ratepayers. The current stormwater reserves budget is $416,011.96 and there are currently no stormwater projects in the Long Term Plan which require funding.

18 Due to the work not being budgeted for in the Long Term Plan this project requires Council approval.

Policy Implications

19 The proposed option takes into consideration the Council’s Long Term Plan and Annual Plan by maintaining drainage systems to protect public and private property during periodic rainfall events.

Analysis

Options Considered

20 The following options have been identified and considered as outlined below in Options 1-3.

21 If approval for the funding of the works is given, Council will obtain a minimum of three quotes from Council approved contractors to undertake the works with the lowest conforming quote being accepted. We would propose that the works be awarded under delegated authority so there is not a delay in the commencement of the works.

22 Obtaining quotes for these works is the preferred option for the size and scale of this project; it will save both time and funds.

Analysis of Options

23 Option 1 - Open trench a new alignment for a 300 mm PVC pipe from a new manhole outside number 5 Mokonui, to a new manhole placed over the existing stormwater main on Town Centre (Main Street), install new sump on Mokonui Street to increase capacity and connect to new manhole. Use $72,000.00 from the local stormwater reserve to fund this project

Advantages

Disadvantages

· A significant reduction in capacity issues,

· Increased pipe size to allow for future development upstream,

· Control of pipe grade and alignment,

· Less risk of additional reinstatement costs due to the alignment being installed within the traffickable lane.

· The traffic disruptions to the public,

· Slightly higher construction cost.

24 Option 2 - Pipe burst a new 150 mm HDPE pipeline through the existing pipe alignment. Use $70,000.00 from the local stormwater reserve to fund this project

Advantages

Disadvantages

· Reduced disruption to traffic,

· Slightly lower construction cost.

· Smaller pipe size if cracking through existing pipe as well as a risk of heaving the surface above the alignment resulting in further reinstatement costs,

· The requirement to excavate a large launch pit for the pipe cracking unit, right near the live gas main,

· No guarantee of pipe grade or alignment and the risk of tree roots causing construction issues,

· Higher reinstatement cost due to the need to cut out a large portion of the existing kerb and pull up then re-lay the existing paving stones.

Option 3 - Do nothing

Advantages

Disadvantages

· Short term reduction in cost.

· Ongoing flooding of private property

· Continued issues with localised flooding of Mokonui Street and of private property,

· The requirement to upgrade the main in the future in some form or other,

· Increased maintenance costs to maintain the existing pipeline.

Assessment of Significance

25 Upon assessing the proposed recommendation against the Council’s Significance and Engagement Policy, the Water and Waste Department does not believe that the recommendation constitutes a significant decision.

26 This is based on the recommendation not having an impact on the Council’s direction and level of service and the cost being less than 10% of annual expenditure.

Recommended Option

27 It is believed the best option for the renewal of the stormwater main is with the open trench method along the new alignment. This would be the most effective and ensure the pipe is laid true to grade, have suitable bedding around it and have capacity for any future development upstream.

28 The Water and Waste Department recommends that the Council approves the project to proceed through Option 1, involving the use of funds from the local stormwater reserves budget.

Next Steps

29 If approval for the funding of the works is given, Council will obtain a minimum of three quotes from Council approved contractors to undertake the works with the lowest conforming quote being accepted. We would propose that the works be awarded under delegated authority so there is not a delay in the commencement of the works.

30 Obtaining quotes for these works is the preferred option over the alternative of a full tender process. For the size and scale of this project; it will save both time and funds while still delivering best quality and value.

Attachments

a Mokonui Street Stormwater Upgrade Plan ⇩

b Mokonui Street flooding RFS ⇩

Council

07 September 2016

2.3 Raw Water Sources, Abstraction and Transmission

Otautau currently has one water supply well. The well draws from unconfined mixed alluvial gravels at an approximately depth of 9 metres.

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Photo showing locked lid and sealed well-head at 19 Liemen Street, Otautau

The well contains two Grundfos submersible pumps with VSD drivers, which operate on a duty/standby arrangement and operate at maximum rate of 15L/sec. The two pumps convey the water to the plant via a 100mm combined main, approximately 7 metres in length.

2.3.1 Resource Consents and Abstraction

A 20 year water permit for a water take was issued in 2004; the supply is consented to draw 1,056 cubic metres a day.

2.3.2 Raw Water Quality

The quality of well water is very good and has been sampled since 2010, with only five E-coli detects, and pH consistently in the range of 6.1 to 6.8. The recent upgrade included sealing off the existing well-head. Chemically the well water is also good with no P2 determinands at greater than 50% of their respective MAV’s as set out in DWSNZ 2005 (revised 2008), on 1 March 2013 SDC applied for and was granted re-classification of all P2’s in the SDC area to P3’s, which require no monitoring.

2.4 Treatment Processes and Process Control

2.4.1 Cartridge Filters

The first step in the treatment process is two cartridge filters operating in series which are used to remove particles from the water and achieve two of the four required log credits. The cartridge filter bank consists of two CUNO high flow filters in series connection with a pressure transducer pre and post the two filters.

The first filter housing has 1 10um nominal cartridge, and the second filter housing has 3 x 1um absolute cartridges. The flow filters use a compound radial pleat design that maximises the usable surface area per filter.

These cartridges are certified to treat a flow of 22L/sec with a pressure differential of 350 kPa across each of the cartridge chambers. To prevent the first flush going through the filters, it is run to waste and back into the well.

Photo showing the location of the CUNO cartridge filters

2.4.2 UV Disinfection

Following the filtration process the water is disinfected with ultra violet light via a TROJAN UV DO3 SWIFT unit which provides Cryptosporidium, Giardia inactivation of 3-log thus achieving the required 4 log credit for the plant. The UV casing has 3 low pressure high output amalgam lamps, each located within its own protective quartz sleeve. The unit is certified to treat flows of 31L/sec with a UVT of 90%, with a minimum intensity of 40mJ/cm².

There is a 300 second warm up phase of the UV unit; this allows the unit to reach the operating intensity before flow goes through the unit. The way this plant is configured there is no delay in the starting of the primary pumps because the cartridge filters run the first 300 seconds of flow to waste, so when the solenoid valves close and the water is heading towards the UV unit, the unit has already completed the warm-up.

The reactors continue to run after the duty primary pump has stopped, this is designed to limit the number of reactor starts. The reactor is set to run for four hours after the duty primary pump stops.

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Photo showing the TROJAN UV SWIFT unit

2.4.3 Chlorine Disinfection

Chlorine gas is added to the water after the UV disinfection and before the contact tanks.
The chlorine is added to the water to provide a disinfection residual in the reticulation to prevent secondary contamination of the water.

The chlorination equipment is located in a room at the south-west end of the treatment plant building and accessed through a separate door. The chlorination equipment comprises the following:

1. A S10K dosing valve which is coupled with a;

2. V100 rotameter and; a

3. Gas bottle regulator; and

4. Two 70 kg gas bottles.

The carry water is supplied from the outlet side of the secondary pumps; the pressure from the secondary pumps creates the injection vacuum. When a bore pump run starts, a solenoid valve opens supplying the carry water to the chlorine injector. The chlorine is fixed dose based on only one bore pump running at a time and running at constant speed following the start-up phase. The dosing point is between the plant building and the contact tanks.

The chlorine residue is monitored by a Depolox 4 chlorine analyser which has a pH probe.
The sample water is taken out of the contact tanks and a floor mounted Eheim type 1260 supplies the sample water to the instrument at the right flow and pressure. There is a small fan heater by the cylinders and pipe work to prevent the gas in the supply line from liquefying.

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The secure chlorine room with regulation signage posted - tandem 70 kg chlorine gas bottles

2.4.4 pH Correction (Caustic Soda)

pH correction at Otautau is achieved by the dosing of caustic soda (sodium hydroxide). The caustic soda is dosed to the water as a 30%w/w solution which is the strength of the solution when it is supplied from Orica; therefore no chemical batching is required.

The caustic soda and dosing equipment is housed in a separate room on the eastern end of the treatment building which houses the 3000L PE self bunded caustic tank, dosing pump and associated control panel and transfer/delivery pump. On the outside wall is the emergency equipment which consists of an emergency shower/eye wash and a fire hose and reel.

The caustic solution is dosed into the main between the treatment plant and the contact tanks slightly upstream of the chlorine dosing point.

The dosing pumps are Grundfos DDA7’s which operates on a duty/standby arrangement. The duty is manually changed by the operator via the control panel in the caustic room.

The caustic dosing is dosed flow proportionally using the flow meter on the inlet line from the bores to the UV unit; the dose rate (ml/L) is assigned via the operator using the touch screen. From these two inputs the plants PLC adjusts the speed of the pumps to achieve the required dose rate.
The operator monitors the downstream pH reading and uses this value to adjust the dose rate so the optimum pH level is achieved. The start/stop of the dosing pump is controlled by the plants PLC. When a primary pump run starts, a dosing pump will start 300 sec later. There is a calibration tube on the downstream side of the caustic storage tank, which is used to assess the efficiency of the dosing pumps.

Caustic soda is a hazardous substance; therefore all operators handling the substances have a HSNO Approved Handlers certificate and the operators who transport the caustic soda to the site have the Dangerous Goods (D-endorsement) on their drivers licence.. The caustic room meets all HSNO requirements with the self-bunded double skinned holding tank which is vented to atmosphere, it has double skin pipes and the emergency washing equipment is on the outside wall immediately adjacent to the caustic tank room.

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Depolox 4 - Caustic Soda mixing tank

The treatment plant is monitored by Council’s Kingfisher SCADA system via VHF radio link, data on plant hours, reservoir levels, pump duty, flow, UV intensity, turbidity, pH, and FAC residual leaving the plant is recorded every 1 minute and sent to the base station every 15 minutes. Plant log sheets and Wateroutlook are used by the operators to record manual observations and test results during their visits.

2.4.5 Storage and Distribution System

2.4.5.1 Storage

The treatment plant has 3 x 23 m³ contact tanks with a capacity of 69 m³. The reservoir is a 430 m³ tank and is situated at 186 Knutsford Road approximately two kilometres to the west of the
Otautau main road.

Tiki Tour 19-20 July 2006 139

Otautau Reservoir at 186 Knutsford Road

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2.4.5.2 Reticulation

The rising main and gravity mains are made up of asbestos cement 81% and Polyethylene 14%. The majority of the reticulation network was installed in 1963/64. The reticulation network is comprised of 150 mm diameter asbestos cement main that supplies 100 mm diameter sub-mains and the reservoir. There are 100 hydrants on this scheme. Backflow prevention is fitted to commercial premises.

2.4.5.3 Reticulation FACE and E.coli Monitoring

Downer staff carry out E.coli and FAC monitoring in the reticulation as part of their contract with SDC. E.coli is monitored once per week in accordance with DWSNZ 2005 (revised 2008) for a supply less than 5000.

Council

07 September 2016

3 Water Supply Management Systems

All Council owned supplies are managed by council staff with physical works carried out under an Operation and Maintenance Contract with Downer Ltd (10-01 Operation and Maintenance Water Supply and Wastewater Services Contract). Capital works are generally advertised for tender.
All schemes are governed by either local Community Boards, Community Development Area Subcommittees, or Water Supply Subcommittees.

3.1 The Operations and Maintenance Contract for Otautau

The operators attend the plant at least two days a week but will attend longer if the plant is not performing at its best.

As well as the routine duties Downer staff are contracted to do all reticulation maintenance and repairs and respond to customer complaints (RFS) and requests during and after hours. Breaks and leaks are usually minor and can be fixed within four hours.

3.2 Emergency Management

District wide, emergency management is currently co-ordinated by the Regional Council. SDC has an emergency response agreement under its Operations Management Contract that addresses minor emergency responses. Council recognises the need to formalise a Water Response and Action Plan that clearly identifies timeframes, actions and procedures to respond to more serious emergencies. This is currently under development and is raised in Section 5 of the WSP - Improvement Plan.

3.3 Compliance with the New Zealand Drinking-water Standards 2005 (revised 2008)

3.3.1 Microbiological Compliance

Microbiological monitoring for New Zealand Drinking-water Standards 2005 (revised 2008) compliance is undertaken by Downer staff. E.coli is currently monitored at the treatment plant and in the reticulation once a week.

Table 3-1 summarises the current microbiological and chemical monitoring for the supply and current compliance status with DWSNZ 2005 (revised 2008) against E.coli Criterion 2B for a continuously chlorinated but non-continuously monitored supply which best fits the Otautau situation and the existing monitoring programme by Downer staff. As table 3-1 shows the E.coli monitoring for the treatment plant and reticulation E.coli monitoring is compliant with DWSNZ 2005 (revised 2008). Turbidity, pH and FAC are semi- continuously monitored and therefore comply with E.coli Criterion 2B.

Table 3‑1: Microbiological and Chemical Monitoring Compliance with DWSNZ 2005 (revised 2008)

System	Parameter	Monitoring frequency (current)	DWSNZ 2005 compliance status	DWSNZ 2005 reference and requirement
Treatment Plant E.coli criterion 2B	E.coli	1 sample per week (13 per quarter)	Compliant	Table 4.2a requires weekly samples (or 13 per quarter) for Criterion 2B.
	Turbidity	Semi-continuous via SCADA	Compliant	Table 4.2b requires minimum of 3 samples per week (13 per quarter) for pH, FAC and turbidity
	pH	Semi-continuous via SCADA	Compliant
	FAC	Semi-continuous via SCADA	Compliant
Reticulation	E.coli	1 sample per week (or 13 per quarter)	Compliant	Table 4.3a for supply 501 to 5,000
Reticulation	FAC	Weekly	Optional	Not required by DWSNZ 2005 (revised 2008) but is good monitoring practice.

The supply has a generally good history of E.coli compliance and meets the minimum requirements of E.coli Criterion 2B. During the period 2002 to 2013 there were no treatment plant or reticulation E.coli transgressions and average FACE leaving the plant was 1.1mg/l with highest reading at 1.76mg/l and an isolated drop to 0.3 mg/l. FACE levels in the reticulation were also good with levels between 0.75 and 1.24mg/l.

Table 3-2 summarizes the protozoa compliance requirements under the supply, as a Standard Supply. A log 4 protozoa removal requirement most likely applies to the supply.

Table 3‑2: Protozoa Compliance and Monitoring Requirements for a Standard Supply.

Compliance Aspect	DWSNZ 2005 Reference and Criterion	Requirement	Method
Protozoa Removal or inactivation	Section 5 Protozoa particle removal or inactivation	DWSNZ 2005 requires at least 4 log credit removal for protozoa for this supply.	Four log credit removal achieved by Cartridge filtration(2) in series with UV disinfection(5)
	Cartridge Filtration	Flow	Continuously monitored via magflow meter. Plant shut-down if flow >14L/sec.
		Differential Pressure	Continuously monitored, alarmed at 250kPa, Plant shut-down at 350 kPa.
		Turbidity	Continuously monitored pre and post filtration, alarmed at 0.4 NTU, Plant shut-down at 1 NTU for post filtration.
	UV disinfection	Flow	Continuously monitored via magflow meter. Plant shuts down when flow >14L/s.
		Intensity	Continuously monitored Plant shut down if intensity is <40 mJ/cm^2.
		UVT	Manually monitored twice a week.

3.3.2 Chemical, (P2), Compliance

The supply has no P2 determinands monitoring requirements registered for the treatment plant or reticulation in WINZ and the raw water has no naturally occurring P2 chemical determinands of concern.

3.3.3 Plumbosolvent Water

Plumbosolvent public notices are required in the format described in DWSNZ section 8.2.1 4,
Option a. (2) to warn the public to flush taps which have not been used for several hours to avoid ingestion of corrosion by-products such as lead, nickel, cadmium and antimony dissolved from domestic tap fittings. SDC includes this information in every copy of “First Edition” sent to ratepayers.

3.3.3.1 Algal Blooms and Toxins

Water take is from groundwater so not a problem.

3.3.3.2 Aesthetic Determinands

There have been no complaints from consumers in the last two years about taste, odour or colour in the water. The reticulation monitoring shows fairly consistent levels of FAC, and turbidity within acceptable GV values. Overall the water is of a good potable standard and has high acceptability from consumers.

3.3.3.3 Disinfection By-products

There is no disinfection by-products registered on WINZ as P2 monitoring requirements for the supply as the supply was not included in the original Ministry of Health P2 monitoring programme. Water testing history has shown turbidity isn’t elevated at the Otautau Plant after heavy rainfall, as evidenced by UVT and FAC results.

3.4 Internal Water Supply Management Systems Related to the WSP

Refer to the Water Supply Generic Provisions Document Section 1 for details of the current systems which apply to all of the supplies managed by SDC.

3.5 Performance Assessment of Water Supply Management

Refer to the Water Supply Generic Provisions Document Section 1 for details of the current performance assessment systems which apply to all of the supplies managed by SDC.

Council

07 September 2016

4 Risks to Public Health

4.1 Barriers to Contamination

Water quality is protected by having several effective barriers against bacteria and protozoa in place. The barriers to contamination in place in the Otautau Water Supply are summarised in Table 4‑1.

Table 4‑1 : Water Supply - Barriers to Contamination

Barrier	Barrier Description	Barrier Status
Stop contamination of raw water	No overall management plan is possible for the farmed catchment areas, largely under private ownership SRC Regional Water Plan and Clean Streams Accord aims to minimise water pollution from agriculture Resource consent conditions are imposed on all point source discharges to surface waters SRC monitors all resource consents annually for compliance	Partially Effective
Remove particles from the water	There are two in-line cartridge filters with particle removal down to one micron absolute.	Effective
Kill germs in the water	Chlorine disinfection has proven effective against bacteria and UV treatment is effective against Giardia and Cryptosporidium.	Effective
Prevent recontamination after treatment in the storage and reticulation system	Treatment Plant reservoir is covered and on private land in a remote location. Reticulation monitoring of FAC and E.coli weekly by Downer shows effective FAC is maintained >0.2mg/l Trained Downer contractor staff under contract performance measures does all repairs and maintenance.	Effective

4.2 Risk Information Tables

The Ministry of Health WSP Guides for Drinking-water supply provide comprehensive schedules to manage the risk to public health.

Table 4‑5, Table 4-6, Table 4-7 and Table 4-8 summarise these risk items and identify the areas of risk upon which SDC will prioritize its resources in the future for the Otautau water supply.

Relevant Contingency Plans which are to be invoked when events occur despite the Preventive Measures and Corrective Actions already in place are provided in Section 6.

Each hazard event in the table has been evaluated based on the likelihood of the event occurring and the consequences, (or expected outcome), if it occurs, with definitions provided in Table 4‑2 and Table 4‑3 respectively. The overall risk estimate for each event is determined by using the risk level matrix provided in Table 4‑4.

Assigning a level of risk to each hazard event provides Council with a means by which they can prioritise the Improvements to be made to reduce or remove the level of risk from a particular event. This can be dovetailed into the Annual Planning, Water Activity Management Plan and LTP process under the Local Government Act 2002 for capital works.

Table 4‑2 : Likelihood Rating Scale

Likelihood Rating	Description
Rare	May occur only in exceptional circumstances (once in 10 years)
Unlikely	Could occur (once in 5 years)
Possible	Will occur at once or twice a year)
Likely	Known to occur several times a year
Almost Certain	Is expected to occur in most circumstances

Table 4‑3 : Consequence Rating Scale

Consequence Ranking	Description
Insignificant	Insignificant.
Minor	Minor impact for small population / portion of the town. No illness. Short disruption of service (<1 hour) to only part of the town.
Moderate	Moderate impact for whole town. No illness. Perhaps odour and discoloration. Disruption of service for <4 hours or boil water notice necessary.
Major	Major impact to small population or part of the town. Incident of illness related to drinking-water or loss of service for >4 hours. Prolonged boil water notice. Bad press and public suspicion of drinking-water quality.
Catastrophic	Major impact to whole town. Several instances of illness in the community or instance of death. Prolonged boil water notices. Lengthy disruption to service (> 1 day) across whole town. Significant negative press and public perception of drinking-water.

The numbering and reference colours used in Table 4‑4 : Summary of Risks to Public Health provide a guide to the risks to public health identified in Table 4‑5, Table 4-6, Table 4-7 and Table 4-8.

Table 4‑4 : Summary of Risks to Public Health

Consequence

Likelihood

Insignificant

(I)

Minor

(Mi)

Moderate

(Mo)

Major

(Ma)

Catastrophic

(Ca)

Almost Certain (AC)

Likely

(Li)

Possible

(Po)

Unlikely

(Un)

Rare

(Ra)

Overall Risk Rating Key

Ins

Mod

Insignificant

Low

Moderate

High

Extreme

Control Limits as defined in Ch3, DWSNZ, are also specified where appropriate for treatment processes which define the limits desirable for the parameters being monitored. The control limits are generally the high and low set points on intended to keep the process within the operational requirements of DWSNZ. Corrective Actions and Contingency Plans to follow when control limits are exceeded are also shown in the Risk Information Tables.

Risk Information Table 4‑5, Table 4-6, Table 4-7 and Table 4-8 give the full details of the risk assessment process used.

Council

07 September 2016

4.3 Risk Information Tables

Table 4‑5 : Risks to Public Health - Catchment, Source and Abstraction

Risk Event	No.	Potential Cause	Likelihood	Consequence	Overall Risk	Preventive / Mitigating Measures	Essential Monitoring Checks and Records	Immediate Corrective Actions	Future Preventive Measures/Corrective Actions (Improvements)
Sources: Contaminated source water.	1	Upstream waste discharges into the source waters .	Po	Ma	Hi	Resource consents are required for the point discharges of treated effluent by ES and are enforced.	Operator visual checks on expected bad weather and heavy rainfall events.	Respond to low chlorine alarm and adjust chlorine dose.	Ensure SDC Water staff are informed by Environment Southland of any new discharge consent applications in the Otautau catchment likely to affect surface of groundwater quality.
	2	Livestock and other animals within the catchment contaminate the groundwater .					Operator visual checks on raw water turbidity trends during plant visits two times a week.	Operator increases chlorine dose if turbid water has been or has to continue to be extracted due to supply demand.	(A requirement under the NES for Sources of Human Drinking-water effective from 1 July 2008.
	3	Agrichemicals used within the catchment.				Regional Water Plan and Clean Streams Accord encourage farmers to minimise contamination of waterways.	Raw water turbidity continuously monitored.
	3	Agrichemicals used within the catchment.					FAC residual checks after breakpoint chlorination monitored semi-continuously.
	4	Rural Subdivision causes new pollution threats.				Rural Land Use Policy to address the adverse effects of intensive farming and forestry on rural land.	Record actions taken on the plant log sheet.	Refer to Contingency Plans: 6.2;-Elevated Turbidity in source water.	Water Outlook online and site diary being kept.
	4	Rural Subdivision causes new pollution threats.					Record actions taken on the plant log sheet.	6.3;-Contaminated source water reaches the Distribution System.	Water Outlook online and site diary being kept.
Sources: Raw water quality too poor to treat	5	Heavy rain in catchment leads to elevated turbidity levels which enter treatment plant.	Po	Ma	Hi	Alarm levels set on the raw water turbidity.	Turbidity is continuously monitored entering the water treatment plant.	Shut down the plant and do not continue until the cause is found and remedied.	Catchment Risk Survey has been done.
Sources: Raw water quality too poor to treat	5			Ma	Hi	Alarm levels set on the raw water turbidity.		Refer to Contingency Plans as above.	Catchment Risk Survey has been done.
Sources: Too little water can be drawn from the source	6	Drought depletion occurring		Mo	Mo	Daily abstraction rates are within the water take limits..	Monitor plant intake flow rates continuously by Magflow meter.		Plan for emergency water supply in case of serious plant failure.
	7	Resource consent limits reached or exceeded				Daily abstraction rates are within the water take limits..
	8	Major power or control failure.				Power failures are infrequent and of short duration usually.	Operator visits include overall utility check.	Use reservoir storage in the short term if sufficient.
	9	Major pipeline failure				Most breaks can be repaired quickly by Downer staff.	Record observations/ Corrective Actions taken in the plant log.	Provide alternative emergency supply if reservoir is run down.
	10	Serious sabotage or vandalism				Plant is located at the end of a long driveway surrounded by residential landowners and the driveway has a locked gate.	Review plant security if interference or vandalism starts to occur.	Invoke emergency water use restrictions for the town under the Water Bylaw.	Review site security generally and improve it if vandalism becomes an issue.

Table 4‑6 : Risks to Public Health - Treatment Processes

Risk Event	No.	Potential Cause	Likelihood			Consequence	Overall Risk			Preventive / Mitigating Measures	Essential Monitoring Checks and Records	Immediate Corrective Actions	Future Preventive Measures / Corrective Actions (Improvements)
Cartridge Filter Treatment-not removing particles down to 1 micron in size	11	Incorrect type of cartridge filter	Po			Ma		Hi		Use filters that have been certified or have been assessed Make sure filter Cartridge is compatible with the filter housing and record the type of filter used Carry out regular replacement of filter cartridges and washing of pre-filters, and maintain records of when this is done Make sure new batches of cartridges have certificates showing they meet specifications before buying Keep flow rate less than design. Carry out regular replacement of filter cartridges Regular inspection Follow method recommended by the manufacturer to determine when cartridge can no longer remove the target determinand Keep flow rate less than the design maximum	National or international certificate of filters capabilities Record of filter types used Particle counting or microscopic particle analysis test results, or the results of any other test approved by MOH Flow rates, or pressure drop across the filter(sudden changes in in flow or pressure may indicate a ruptured filter or pre-filter) Particle counting or microscopic particle analysis test results, or the results of any other test approved by MOH Quality documentation with cartridges Flow rate Particle counting or microscopic particle analysis test results, or the results of any other test approved by MOH Records of filter maintenance and cartridge replacement Flow rates, or pressure drop across the filter(sudden changes in in flow or pressure may indicate a ruptured filter or pre-filter) Monitoring records Target determinand concentration	Change to a different type of filter Order another batch of cartridges Plant shut-down >14L/sec Develop schedule of replacing filter cartridges Continuously monitored, alarmed at 250kPa, shut down at 350kPa	Keep a list of filters that are compatible with the housing in use Consider changing supplier Consider augmenting system to increase flow design
	12	Failure of cartridge
	13	Flow too high for cartridge design
	14	Contaminant breakthrough (caused by rupture or exhaustion)
UV Dose Too Low: Germs not killed	15	Inadequate UV intensity		Po	Ma				Hi	Routine cleaning and maintenance schedule for lamp sleeves and UV sensor Regular replacement of UV lamp Routine maintenance and calibration checks on flow rate controller Install adequate filtration system Regular replacement and maintenance of filters Regular maintenance of UV power supply An alarm to indicate power failure Replace UV component parts eg have a spare ballast board on hand Develop a quality assurance system for monitoring and instrument calibration Staff training in quality assurance.	Microbiological quality UV intensity Alarm Signs of scaling on the lamp’s quartz sleeve and sensor lens Check correct sensor is installed Microbiological quality UV dose (intensity x time) Maintenance records of flow rate controller Microbiological quality Filter maintenance schedule Turbidity/colour post-filter Alarm Power supply maintenance schedule Monitoring schedule Audit staff training and methods used to monitor water quality	Clean quartz sleeve and sensor lens Replace UV lamp and check calibration of UV intensity sensor Continuously monitored Plant shut down if intensity <40 mJcm² Recalculate dose rates and change flow settings Undertake flow controller calibration Plant shuts down when flow >14L/sec Continuously monitored shuts off at 1 NTU Replace filter cartridge Make arrangements for a more reliable power supply to be provided Manually dose chlorine into holding tank or close the supply until power is restored and arrange for another supply of water Replace faulty equipment Start using approved methods for monitoring Train staff	Consult UV manufacturer, TROJAN, on possible preventative measures if inadequate UV intensity occurs Identify cause of fault and rectify Obtain a more suitable filter Update O&M Manual for the supply when Plant processes change
	16	Time of exposure to UV radiation inadequate
	17	Excessive colour or turbidity
	18	Power supply failure to UV unit
	19	Method of UV dose/turbidity/colour incorrect
Chlorination: Inconsistent with Drinking-water Standards	20	Dosing malfunction	Po			Mo		Mo		Operator checks at least two times a week and more often to check the chlorine dosing equipment Power failures are infrequent and of short duration Annual check and servicing of the chlorine dosing equipment with overhaul every two years The chlorine gas dosing equipment is very reliable and checked two times a week Sufficient gas bottles are on hand at the plant all times and replacements are easily obtained Operator training and refresher courses Comprehensive O&M Manual for the supply	FAC is semi continuously monitored at the treatment plant and in the reticulation twice weekly Control limit 0.5 to maximum limit in DWSNZ 2005 (revised 2008), under normal operating conditions. FAC records stored on SCADA Record all events of chlorination problems on Hansen Record chlorinator maintenance on Hansen Contractor staff competency audits	Repair any equipment faults, with plant shutdown and reservoir storage used to cover repair period If corrective actions fail: Refer to FAC Concentration below Target Level Contingency Plan 6.4 Re-train staff as necessary in correct procedures	Measure FAC weekly at the plant as per DWSNZ Table 4.2b – see Table 3-2 Keep up to date the O&M Manual for the supply Carry out training needs assessments annually
	21	Power failure
	22	Chlorine gas supply exhausted
	23	Incorrect monitoring tests carried out
Chlorination: Excessive formation of chlorination by-products	24	Natural organic matter not removed reacts with chlorine	Po			Mo		Mo		Cartridge filters remove all particles down to 1 micron	Record DBP levels on a database for compliance evaluation Control limit is 50% of the respective MAV’s in DWSNZ 2005 (revised 2008)	None at present when continuity of supply is jeopardised.	Test for DBP’s if abstraction continues after moderate to heavy rainfall and raw water turbidity is elevated above normal
pH Correction: pH level too high or too low in the finished water i.e. below pH 7.0 or above pH 8.0	25 26 27 28	Natural Raw water pH variations Chemical Spill or overuse in the catchment No pH control in place Incorrect calibration of pH probe	Po			Mo		Mo		Raw water pH is stable around pH 6.1 to 6.8 from a stable catchment SRC rules prohibit the use of chemicals near waterways Operator vigilance and training.	Check pH of finished water at least weekly as per DWSNZ 2005 (revised 2008) Table 4.2b for E.coli Criterion 2B Record pH on the plant log sheets. Calibration of pH meter is undertaken and recorded on Hansen	None in place at present Shut off the supply if a serious pH problem is suspected during plant visits Rely on stored water if this is clearly not affected by the event. Calibrate the pH meter as per manufacturers’ instructions.	Sample and test finished water for pH at least three times per week as required by DWSNZ 2005 (revised 2008) Table 4.2b

Table 4‑7 : Risks to Public Health - Storage and Distribution System

Risk Event	No.	Potential Cause	Likelihood	Consequence	Overall Risk	Preventative / Mitigating Measures	Essential Monitoring Checks and Records	Immediate Corrective Actions	Future Preventive Measures / Corrective Actions ( Improvements)
Reservoirs: Not enough water in post-treatment storage to meet demand	29	Inadequate storage capacity	Po	Mo	Mo	Reservoir low level probe initiates plant start up Reservoirs are just adequate for the average demands on them Operator checks twice weekly Access to the main reservoir is through private property O&M Contract requires immediate attention to any pipe failures. Pumps at the treatment plant can be repaired quickly locally.	Reservoir volume Control Pump stops at 95% full and starts at 85% full Plant flows daily and monthly from the Magflow meter Records of consumer complaints (e.g. regarding low pressures or loss of supply) Visual and aural checks on the pumps.	Issue immediate notice of water restrictions to the community Repair breaks in mains as required as per O&M service contract. Attend to consumer complaints about loss of pressure or supply as per the O&M contract and report to Council Repair pump/s using standby capability.	Consider increasing storage tank area at reservoir Slow plant flow rate to ensure contact time is 30 mins at least in the reservoir.
	30	Structural failure of the reservoir
	31	Sabotage or vandalism
	32	Pipeline failure or break causes loss of water in reservoir
	33	High lift pumps from treatment plant fail
Reservoirs: Contamination of water in reservoir/s	34	Sediment in reservoir and/or re-suspension	Po	Mo	Mo	High chlorine residual provides protection against contaminants Reservoir size ensures long contact time Reservoir cleaned to remove any accumulated sediment when required	Reticulation turbidity taken manually once per week by Downer staff FAC residuals recorded on the plant log sheet Operator site checks two times weekly. Record observations and Maintenance details on Hansen. Operator checks twice weekly	Adjust chlorine dose if FAC is less than 0.2mg/l ex reservoir in any sample Report any damage or interference to Council immediately. Refer to Contingency Plan 6.5 – Contamination Reservoir Water.	Review O&M cleaning procedures for reservoir and distribution system.
	35	Chlorine contact time too short to kill bacteria
	36	Sabotage or vandalism
Reticulation: Inadequate backflow protection	38	No, or faulty, backflow devices installed	Po	Mo	Mo	Council policy (in Bylaw) on backflow prevention requires existing at-risk commercial consumers to have back flow preventers installed Pressure in the reticulation is generally maintained at 400 kPa	Record any consumer complaints or incident reports on Hansen Annual check on backflow preventers fitted to high risk premises. Check reticulation pressures under high demand	Operator attend site of incident and assess the extent of the problem. Isolate the affected part if possible. Refer to Contaminated Distribution System Contingency Plan 6.6	Audit commercial high risk premises annually for back-flow testing Check reticulation pressures under very high demand situations As reticulation laterals are replaced due to “end of life” double check valves will be installed on private property
Reticulation: Introduction of contamination by pressure fluctuations and during repairs	39	High demand causing low pressure areas and backflow risk	Un	Mo	Lo	Emergency water restrictions can be invoked at any time. Large reservoir volume ensures demands can be met at all times Condition assessment of mains in the AMP/GIS database identifies life expectancy of pipes Reticulation system is built to a modern standard O&M contract with Downer requires prompt attention to leaks and bursts	Record incidences of pipe failure and repairs undertaken on Hansen Council audit 2-3% of all work carried by the contractor.	Undertake pipe repairs as required in the O&M contract and record on Councils database. Enforce contractor performance conditions for hygienic pipe repairs under the O&M contract Refer to Contaminated Distribution System Contingency Plan 6.6	Check reticulation pressures under very high demand situations Investigate leakage flows by night flow monitoring and leak detection surveys
	40	Burst or leaking mains causes water and pressure loss.	Un	Mo	Lo
Reticulation: Contamination of water from within the distribution system	41	Development of biofilm and resuspension of sediment	Po	Mo	Mo	Contractors are trained in emergency chlorination procedures for repair works – when identified, contaminated water is scoured from the mains and replaced with chlorinated water Public notices re: plumbosolvency and the need to flush taps.	Relies on SDC operator knowing an incident has occurred: via consumer complaint, reports to Council from observers or those involved in incidents WSP Review process.	Refer to Contaminated Distribution System Contingency Plan 6.6 None presently.	Audit/review hygienic repair procedures by Downer under the O&M service contract. Issue public warning notices re plumbosolvent water six monthly as per DWSNZ 2005 (revised 2008)S8.2.1.4
	42	Dead end resulting in aged water with low chlorine residual
	43	Contaminants enter pipelines during repairs
	44	Plumbosolvent water leaching heavy metals out of private pipes and fittings

Table 4‑8 : Risks to Public Health - General Supply Elements, Monitoring and Management

Risk Event	No.	Potential Cause	Likelihood	Consequence		Overall Risk	Preventive / Mitigating Measures	Essential Monitoring Checks and Records	Immediate Corrective Actions	Future Preventive Measures / Corrective Actions ( Improvements)
General Element: Monitoring and Management	45	Inadequate/incorrect sampling methods used.	Po		Mo	Mo	Regular staff training for new staff in particular in the correct methods. Contractor reports three monthly on service provided against the O&M contract. Regular refresher and induction training for new staff. Contractor performance measures include completeness of required documentation and recording. Up to date QA and O&M manuals. Only an MoH accredited laboratory is used, ( ICS), and alert notices for non-compliant test results, ( transgressions), are specified Include key staff in the WSP process and provide training before and during implementation.	Log any incidents and corrective actions taken in the incidents register and on WINZ Monthly reports to Council on water quality monitoring activities by the contractor and recorded on WINZ. Council audit 2-3% of all work carried by the contractor. Record training attendances Check all test results as soon as received. Regular WSP reviews as set out in Section 5.	Amend the contract if service levels are inappropriate and/ or Council audit reveals weaknesses Corrective action may still be possible for tardy test results if the problem is ongoing. Advise the lab of any incorrect or erroneous results. Carry out E.coli follow -up sampling following all transgressions Amend the WSP to include any new circumstances. Refer to Contaminated Distribution System Contingency Plan 6.6	Ensure follow up sampling is done following E.coli transgressions as per Fig 4.1 or 4.2 DWSNZ 2005 (revised 2008) Audit/review of monitoring activities and issue of non-compliances to the contractor where performance against the contract is inadequate. Clearly label and identify plant components and functions and update the O&M Manuals. Ensure WSP is understood by Council Staff and Operations and Maintenance Contractor’s staff Ensure WSP and schedule of improvements are reviewed and updated after major works have been completed to reflect changing circumstances and requirements.
	46	Failure of staff to follow SDC QA procedures
	47	Delay in obtaining test results from lab
	48	Inadequate monitoring and documentation
	49	Inadequate or out-dated QA and O&M manuals.
	50	Inadequate staff training in correct procedures
	51	Inadequate labelling or identification of plant components causes confusion and errors.
	52	WSP not properly understood and followed by staff
General Element: Monitoring and Management	53	Emergency Water Response and Action Plan not implemented for the supply	Ac		Ma	Ex	Regional Emergency Plan exists and requires local authority emergency plans to be drawn up An Emergency Plan for less serious incidents is included in the O&M Contract	N/A	None defined at present Execute the actions in the Facilities Management Contract for minor emergencies	Complete the Emergency Response and Action Management Plan to align with the Regional Emergency Plan
General Element: Monitoring and Management	54	Plant security is not ideal	Po		Ma	Hi	Operator visits two times a week No history of significant damage as yet Small town with little incidence of criminal activity and vandalism Plant is down a long driveway surrounded by residential owners	Operator checks two times a week include a general security check	Repair any damage as soon as possible Engage Contingency Plan measures if there is evidence of deliberate contamination of the supply	Monitor plant security and increase security if minor incidents occur that might escalate

Council

07 September 2016

6 Contingency Plans

The following sets of Contingency Plans are procedures to adopt in case an event occurs despite existing Preventive Measures and Corrective actions being carried out, (or where these are currently absent), or are found to be inadequate. If there are difficulties in deciding how serious the event is, the Drinking-water Assessor and/or Medical Officer of Health will be contacted for their assessment of how serious the problem is and what action needs to be taken. Table 6‑1 provides an outline of a generic procedure for evaluating and mitigating risk events with the water supply.

22.0 Table 6‑1: Generic Procedure for Evaluating and Mitigating Water Supply Risk Events

	Procedure
1.	Evaluate the situation and decide how critical it is (in consultation with DWA Medical Officer of Health if necessary).
2.	Isolate the problem, and provide temporary short-term supply from storage reservoir or alternate source if possible.
3.	For lower risk bacteriological events, elevate chlorine dosing levels as mitigation in the first instance and issue a boil water notice if consumers are at risk.
4.	Follow the actions in Figures 4.1 and 4.2, DWSNZ 2005 (revised 2008) for E.coli detects at the plant and in the Retic. See Appendices A and B of the WSP for Figs 4.1 and 4.2.
5.	Switch to an alternative source if this is the problem, until a solution is reached.
6.	Record issue and actions taken on Hansen ASAP.
7.	Feedback lessons learned into the WSP and other Water Supply Management Assessments.

The following tables provide an outline of the essential indicators and remedial actions to be taken for some of the common risk events that might arise for the Otautau Water Supply. If the risk event does not fit any of these events, then the generic procedure in Table 6‑1 should be followed and the DWA and MOH advised.

23.0 Table 6‑2: Elevated Turbidity in Source Water

Indicators:

· Water too turbid or too coloured to successfully treat

· Turbidity of water leaving plant greater than 1.0 NTU, ( DWSNZ:2005 (revised 2008), S4.3.2.2 for E.coli criterion 2B )

Required actions:

· Consider whether to cease abstraction and switch to an alternative source of potable water until water of acceptable quality can again be supplied, or to use storage (make sure that the history of any tanker used to cart water has been investigated before it is used and that the tanker will not contaminate the water).

· If inadequately-filtered water has entered the reticulation, inform the MoH and DWA (consider issuing Boil Water Notice).

· Monitor turbidity until it is below 1.0 NTU consistently.

· Increase chlorine residual as an interim measure.

· Restart plant operation, perhaps at a slower rate.

· Record cause of failure and corrective steps taken.

· Plan and develop long-term counter-measures if needed.

· Modify WSP if necessary.

Responsibility

Manager Strategic Water and Waste

Table 6‑3: Contaminated Source Water Reaches the Distribution System

Indicators:

· Complaints of discoloured, tasting or smelling water coming from taps.

· Continued contamination of water supply: E.coli is detected post plant or in the retic or Priority 2 chemical concentrations are more than 50% of MAV.

· Reports of illness in parts of the community that may be linked to water quality.

Required actions:

· Follow the procedures in DWSNZ 2005 (revised 2008) Figs 4.1 and 4.2 in consultation with the MoH and DWA.

· In consultation warn customers in the affected area to either boil water or not to draw water until further notice if corrective actions fail.

· Identify the source of the contamination and determine whether it is likely to be a transient problem and whether temporary treatment is available.

· If problem is transient:

Drain and flush the affected part of the distribution system, considering the need to flush with elevated chlorine concentrations if the incident may have involved microbiological contaminants (consultation with the regional council will probably be required with regard to disposal of the flushed water)

Use stored reservoir water while intake or treatment plant needs to be temporarily shut down

Monitor an appropriate determinant in the affected area to determine the success of the contingency measures, and notify consumers, when the supply is safe to use, that they will need to flush their taps until good quality water can again be drawn.

· If the problem is likely to be long-lasting or permanent:

Investigate and develop an alternative supply and/or treatment

Provide another source of potable water until water of acceptable quality can again be supplied.

· Record cause of system failure and steps taken to correct on Hansen

· Modify WSP if necessary

Responsibility:

Manager Strategic Water and Waste

Table 6‑4: FAC Concentration below Target Level

Indicators:

· A detectable chlorine residual of 0.2mg/l minimum cannot be obtained in the water leaving the treatment plant in spite of primary corrective actions.

· In 100 ml samples or water leaving the treatment plant, E.coli or coliforms are continually detectable, or is present at elevated levels (more than 10 per
100 mL).

· Wide spread illness in the community.

Required actions:

· Follow the actions given in Figure 4.1 and 4.2 of the DWSNZ: 2005 (revised 2008) and issue a Boil Water notice to community if corrective actions fail) incl. inform the DWA and MOH.

· Identify the reason for the failure and rectify.

· Record cause of system failure and steps taken to correct on Hansen.

· Modify WSP if necessary.

Responsibility:

Manager Strategic Water and Waste

Table 6‑5: Contaminated Reservoir Water

Indicators:

· A detectable chlorine residual of 0.2mg/l minimum cannot be obtained in the water leaving the reservoir.

· In 100 mL samples of water from the reservoir, E.coli or coliforms are continually detectable, or E.coli is present at elevated levels (more than 10 per 100 mL).

· Widespread levels of illness in the community.

· Knowledge of sabotage or vandalism.

Required actions:

· Follow the actions given in Figure 4.2 of the DWSNZ: 2005 (revised 2008). In consultation with the DWA and MoH, consider dumping the stored water, even though indicators are clear; if there have been high levels of microbiological contamination. Also consider issuing a Boil Water notice to community if corrective actions fail.

· Record cause of system failure and steps taken to correct.

· Modify WSP if necessary.

Responsibility

Manager Strategic Water and Waste

Table 6‑6: Contaminated Distribution System

Indicators:

· Inability to maintain a chlorine residual of 0.1 to 0.2mg/l when one can normally be maintained.

· In 100 ml samples of water from the reservoir or reticulation, E.coli is continually detectable or is present at elevated levels (more than 10 per
100 mL).

· Widespread complaints of taste and odour from consumers.

· Widespread levels of illness in the community.

· Turbidity fluctuations and levels greater than that in water leaving the treatment plant indicating back flow into the water main.

Required actions:

· Follow the actions given in Figure 4.2 of the DWSNZ:2005 (revised 2008) (including considering whether to issue Boil Water Notice to community).

· Identify the reason for the failure and rectify.

· Record cause of system failure and steps taken to correct on Hansen.

· Modify WSP if necessary.

Responsibility:

Manager Strategic Water and Waste

Council

7 September 2016

sdclogo

Management Report

Record No: R/16/8/13923

Author: Steve Ruru, Chief Executive

Approved by: Steve Ruru, Chief Executive

☐ Decision ☐ Recommendation ☒ Information

Chief Executive

Local Government Reform

1 The Local Government Act 2002 Amendment Bill, which implements the Better Local Services reforms, is currently before the Local Government and Environment Select Committee.

2 The Bill makes substantial changes to the role of the Local Government Commission (LGC); the current re-organisation provisions; creates new categories of CCOs, and provides a power for the Minister of Local Government to set performance measures for services.

3 It is proposed that the LGC be given the power to initiate reforms at an individual service level at any time. They will also have the power to remove individual service delivery into a CCO without the agreement of the Council(s) concerned and/or its ratepayers. The Minister is also to be given significant new powers to direct the work of the LGC.

4 A number of the provisions included within the Bill have been the subject of significant debate across the sector in recent weeks. There was also a remit passed at the LGNZ Annual General Meeting in July which essentially expressed concern about provisions which removed requirements for community consultation, consideration of the level of community support for any proposed changes and removal of the ability for local authorities themselves to be involved in any proposed changes. It is important to recognise that the remit does not say that the sector is opposed to the broad thrust of the changes proposed through the Bill.

5 In looking at the changes proposed it is, firstly, important to recognise that the overall direction of change and the major provisions in the Bill have been signalled for quite some time. At the July 2015 Local Government Conference, for example, the then Minister of Local Government, Hon. Paula Bennett signalled very strongly that the Local Commission would be given increased power and resources to drive change across the sector and that there would be greater use of CCOs (or council owned and controlled companies) for the delivery of services. The Government also released, at the beginning of this calendar year the Cabinet Papers which gave the policy approvals for the changes that are now reflected in the current Amendment Bill. The Cabinet papers explicitly noted many of the proposals which are now causing concern.

6 In looking at the proposed amendments as a whole it is also important to recognise that there are a number of changes included in the Bill which are very positive and have a strong level of support across the sector. While there are provisions which ideally need to be changed, it is important that the underlying message about the need for the sector as a whole to improve its performance and change the way in which it works to ensure that it meets the changing needs of the communities it serves is not lost. Officers are of the view that the changes that this Council is making are consistent with this approach.

7 LGNZ and SOLGM have lodged submissions on behalf of the sector and are actively engaged in the Select Committee process.

Local Government Excellence Awards

8 Council’s entry Changing Direction: The Way Forward for Southland Roads was chosen as the winner of the Chorus Excellence Award for best practice in Infrastructure Management in the 2016 LGNZ Excellence Awards.

9 The award entry focused on the new technology, resource allocation tools and procurement methods that we are using to make smart decisions on how we manage the district’s roading network. As Councillors are aware the strong relationship that has been developed with Fonterra, through Roadroid and the Eyes and Ears programme, is also an important part of our overall approach.

10 The award is recognition that a number of the asset management approaches that we are using are innovative and ahead of the pack in terms of setting good practice expectations in the management of infrastructural assets.

Resource Management Reform – Urban Planning

11 The Government asked the Productivity Commission to review New Zealand’s urban planning system. The inquiry looks at the current resource management and planning system and beyond it to consider whether there is a better way of organising and servicing New Zealand’s cities.

12 The Commission have now released their draft report for consultation which finds that New Zealand’s planning system is not well set up to deal with change. Processes for updating land use rules are slow and uncertain and there is also too much unnecessary regulation. Many councils have sought to manage or direct the evolution of urban areas in highly-detailed and prescriptive ways. Resistance to change from local residents and barriers to funding new infrastructure also inhibit a city’s ability to grow and respond to change.

13 The report finds that the current system’s problems reflect both the current design of the system and the way in which it is being used in practice. As such it recommends a number of changes to the current legislative framework but also highlights the need for changes to the institutions, including local government, responsible for the planning and the way in which they work. It highlights, for example, the need for greater emphasis to be placed on more rigorous analysis of the impacts of proposed planning policies.

14 It can be expected that the final report will be used by Government to inform possible changes to the Resource Management Act and other planning legislation within which local government works.

2050 Challenge

15 LGNZ has released the 2050 Challenge, which is a report looking at the major shifts likely to occur in New Zealand over the next 35 years and what these might mean for communities and the work of the local government sector.

16 The report discusses the following five major trends:

· The impacts of urbanisation, the resulting need to create liveable cities and changing demographics. By 2043, 40% of New Zealand’s population is expected to live in Auckland.

· Stewardship of our natural environment and the need to manage it in a sustainable manner.

· The need to respond to climate change and the impacts that rising temperatures and sea level risk etc will have on communities.

· The need to recognise the impacts of increasing inequalities and social cohesion in communities.

· The impact of changes to the way in which we will work in the future as a result of technological and other changes in society.

17 While the above ‘mega trends’ are well known, what is not so well known is the likely impact of these shifts on the daily life of communities and what they mean for the future of local government and its ability to deliver services. The paper poses a number of questions to get people thinking about these issues. A copy of the report is available on the LGNZ website.

Regional Tourism Facilities Fund

18 The Ministry of Business, Innovation & Employment (MBIE) launched its new Regional Mid-sized Tourism Facilities Grant Fund, which provides $12 million over four years in co-funding available for the development of infrastructure such as rubbish bins, carparks, restrooms or minor water management projects, in mid-August.

19 MBIE are going to be calling for applications twice a year over the next four years with applications for the first round closing on 13 September. Funding decisions are then expected to be made in mid-October and there is a requirement that the projects that do receive funding will be completed within six months.

20 These requirements mean, that for any project to be successful, it will need to be well advanced through the planning process and essentially have all of the necessary approvals (e.g. resource and building consent) in place by the time that an application is submitted. Officers are currently looking at developing a schedule of projects for which applications may be able to be made during future funding rounds. At this stage it appears that the only project that will meet the criteria for the September 2016 application round is the Curio Bay Wastewater Project. Other projects will be assessed and if eligible will be applied for in the next round in early 2017.

Southland Regional Development Strategy (SoRDs)

21 Over the last month the nine SoRDs Action Teams have presented their draft Action Plans to the Governance Group. The Action Plans outline a wide range of proposed initiatives which are consistent with the overall goal of attracting 10,000 more people to Southland.

22 The Governance Group will be reviewing each of the draft Plans, recommending changes where appropriate and then preparing an overall consolidated plan to be presented to the Mayoral Forum in mid-September. The consolidated Plan will then also come through to the four Councils for formal consideration in late October/early November before a formal public release.

23 Work is also underway to assist the Governance Group to make recommendations on the structures and processes that might need to be put in place to provide for the delivery phase of the overall SoRDs programme.

Around the Mountain Cycle Trail (ATMCT)

24 The Deloitte’s report on the way in which Council has managed the financial aspects of the ATMCT was finalised and released publicly in mid-August. The report was critical of the way in which the organisation has managed the project and confirms the need for a number of the changes that we had already identified as being needed. These include, for example, a broadening of the role of APAC, the development of more formalised risk management processes, a strengthening of the management accounting function and the development of new procurement and project management processes.

25 Officers are well advanced with the development of a separate Action Plan. The proposed plan, which will be presented to APAC at its 28 September meeting, looks at steps needed in relation to both the ATMCT project and also organisational processes in general.

Community and Futures Group

Long Term Plan 2018 – 2028

26 Council is well underway in developing the Long Term Plan 2018 – 2028. The project programme covers a 30 month period and completed milestones and work in progress include:

· Community Conversations held at 11 locations in May and June 2016 to initiate community engagement and receive input from the community.

· Undertaking of an Environmental Scan.

· Presentation to Community Board and CDA Chairs meeting in July.

· Council Workshops held in July and August to discuss strategic issues and provide feedback to inform further consideration of identified issues and opportunities.

· Preparation underway of Activity Management Plan templates including corporate strategic framework, financial and non-financial assumptions, activity groupings.

Otago and Southland Regional Transport Committees – Cycle Trails Workshop

27 Council was represented at this workshop held in Dunedin on Saturday 30 July 2016. The workshop provided a forum to consider from a wider lower South Island regional perspective the developments that have been occurring with cycle trails. NZTA representatives provided an overview of the increased resource allocated to cycle trails and also an update on the recently announced increase in government funding for developing the cycle trail network. There was wide representation from a variety of groups from Waitaki south including Central Otago, Dunedin and Southland. The Regional Land Transport Committees have taken the information to further consider how they can align and work with NZTA and local groups to support and develop opportunities in the area.

Digital Connectivity

28 As a result of the SDC Community Conversations held in May and June 2016 Council commissioned Venture Southland to prepare a summary document for Council staff to use to update the District residents, other Council stakeholders and elected representatives outlining:

· Definition of RBI, RBI2, UFB in the Southland context?

· What is the RBI, RBI2 and UFB programme promise for rural Southland?

· What is the RBI, RBI2 and UFB reality for rural Southland?

· How does this link to and impact on the Southland Digital Strategy deliverables and outcomes achieved to date and those yet to be achieved?

· Detail a suggested approach for consideration by Council to advocate for and on behalf of its communities.

29 Venture Southland has completed this summary document and staff are now working with it to advance the appropriate next steps.

30 The Southland Shared Services Forum is also interested in gaining further insights based out of concern with the minimal progress appearing to be made in rural Southland with regards digital connectivity. It has requested that this summary report be provided for considering a way forward from a regional perspective.

Venture Southland Annual Plan Process 2017 – 2018

31 Representatives from Venture Southland, Invercargill City Council and Southland District Council recently met to consider opportunities for greater alignment of the Venture Southland annual plan processes with owner Councils. It has been agreed that from a timeframe and process perspective the Venture Southland Annual Plan deliverables and resource allocation information will be determined and available to be included in Council’s annual plan and consultation document if required. This means the Venture Southland annual plan process is now inclusive with and part of the Council consultation process and Venture Southland will not be undertaking a separate consultation process to Councils.

32 The agreed timeframe and process for the development of the 2017 -2018 Annual Plan is:

Action	Organisation Responsible	Completion Date
Workshop with combined Council staff and industry representatives	VS	12 September 2016
Letter of expectation sent to VS Councils will send a combined letter of expectation as purchaser of services detailing regional joint projects agreed to be delivered by VS SDC will provide an individual letter of expectation as a purchaser of services for specific SDC community development outcomes	Combined Councils	30 October 2016
VS will undertake as required discussions with Council staff on clarification of letter of expectation services to be purchased	VS	October through to end of November
Draft ABP incorporating key objectives/performance measures and associated resource allocation to Councils to be included in Council’s annual plan 2017-18	VS	15 December 2016
Councils include in Annual Plan Consultation document as appropriate and incorporate into the Council consultation process and deliberation	Individual Councils	30 April 2017
Finalisation of the ABP and commitment of each of the Parties	VS	30 May 2017
Joint Purchase of Services Agreement completed between each Council and VS in terms of the ABP	Individual Councils	30 June 2017

Community Partnership Leader Update

33 The Community Organisation and Volunteer Sector Research brief has been completed. The project is now underway with Venture Southland, research will be completed in February 2017 and reports available April/May 2017.

34 Working with Customer Service to look at future options for the Wyndham library and service centre.

35 Working with local community members around the future existence of the Waianiwa Kindergarten.

36 Some informal work around the Stewart Island Visitor Levy – recommendations following that to look at the operational aspects of the Levy.

37 Draft brief underway to look at Stewart Island Community Facilities – current and future use, short/medium/long term sustainability. This will include the demand vs need and facilities that are fit for purpose.

38 CPL’s are working to establish ToR’s for Leadership Clusters across the District. We’ll be proposing some ‘outside the box’ thinking in how we establish these.

39 CPL’s will be facilitating community Focus Groups with Roading – expected to commence in February/March 2017.

40 Work is progressing on reviewing and developing Community Board and CDA agenda and order paper content to take effect post-election.

41 Ongoing communication with Ministry of Education and discussions with several communities concerning issues around school transport entitlement zones.

42 Involvement in development of Terms of Reference for Community Boards and Inaugural Meeting and Induction workshop planning for same.

Records Management System Upgrade

43 Council officers are working through an upgrade project of the Electronic Document and Records Management System (EDRMS) that is used by Council staff. The upgrade project is part of the wider Digitisation project that is also currently underway.

44 The upgrade will move the current system from TRIM Context 6.2 to Records Manager 8.3. The new system offers a number of significant user features that will support work that will be used to enhance Council’s overall electronic records management practices.

45 The go-live for the new Records Manager software will be Monday 29^th August.

46 In July this year Chief Archivist issued a new mandatory standard for Information and records management. The update to Records Manager 8.3 will allow Council to start implementing these new standards. This standard provides a framework for working with the Public Records Act 2005.

Property File Digitisation Project

47 A significant amount of planning has been completed as part of the Digitisation project since Council approved the project earlier this year.

48 Contract negotiations have progressed with a final draft being confirmed by Council’s legal advisor. Council officers have also started preparation of the pilot which will be used to ensure as much is known around the planning process for the Digitisation of Council 26,000 property files.

49 The digitisation pilot will start in early September and be completed over a 5 week period. This will also include 100% QA of the returned records.

50 Council officers are also preparing the remaining files for sending to Power Business Systems in blocks of 3,500 property files approximately every 4-6 weeks. The production run will start in October 2016 and planned to be completed by October 2017.

Customer Support

Changes to the Stewart Island Office

51 After reviewing the Customer Support and Library functions on Stewart Island, we have decided to relocate the office to the Library located in the community centre. This decision reflects our service delivery approach to combine Library and Customer Support services across the Southland District.

52 Part of the project includes cataloguing the Stewart Island Library collection, reviewing the operating hours to increase the hours the Library is open and providing a self-issue machine for users.

53 Officers are working on a plan for the move including working with the Stewart Community Centre Trust, Friends of the Library, Rakiura Heritage Centre Trust and Rakiura Heritage Trust as the impacted parties in this matter.

Libraries

54 Lynda Hodge continues to work with Invercargill City Library to investigate shared service solutions such as books returned at any Southland Library, one card for borrowers and sharing of the collections. After a recent visit to the Canterbury area, she will be looking at how we can integrate more community programs, e-learning options for residents and collection management with our smaller community libraries.

Environmental Services

55 While overall large scale new development in the District remains at relatively low levels, there has been a reasonable amount of smaller scale building activity recently and Land Information Request numbers have been strong. Staff have been busy with the implementation of the new Food Act regime and also with implementation of new requirements of the Dog Control Policy and Bylaw such as multiple dog licensing.

Building Control

56 The draft criteria for defining a potentially earthquake-prone building is likely to include un-reinforced masonry construction in all three risk zones and buildings constructed prior to 1976 greater than three levels. Also captured will be pre 1935 buildings of one or two levels constructed of other than light weight timber materials in medium and high risk zones. The draft criteria for defining potentially earthquake-prone buildings is due to be released for public consultation soon.

57 Building consent numbers for the first month of the new financial year at 94 were consistent with those for July 2015, however total project values were down by 39%. The Te Anau basin including Milford are the main activity areas at present, with new dwelling numbers and tourism/accommodation providers undertaking work.

58 The Government has made some recent announcements around possible co-funding of strengthening/upgrading of heritage buildings where there is community support and funding for such upgrades also. This is a positive announcement and may assist with the retention of the region’s heritage building stock over time.

Environmental Health

59 As referred to above, the new Food Act regime is bedding down and staff have been working closely with premises owners to assist with this transition and their formulation of Food Control Plans. This has involved considerable time and effort from staff as compared to the previous regime. However, the overall intent of this legislative change is to seek to achieve higher standards of food preparation and hygiene over time.

60 Animal Control staff have undertaken specific dog control education initiatives in several areas such as Curio Bay and Wyndham/Edendale and Stewart Island in response to reported incidents.

61 The joint Local Alcohol Policy under the Sale and Supply of Alcohol Act 2012 was made operative on 30 August 2016, following consideration by ARLA.

62 A District Licensing Committee hearing was held in July for a proposed new bottle store in Riverton which was opposed. Following the hearing, the DLC resolved to refuse the application on the basis that the object of the Act would not be met.

Resource Management

63 A resource consent hearing was held in early July for the proposed Winton Skatepark, before independent commissioner Allan Cubitt. Mr Cubitt resolved to grant the resource consent after this hearing subject to conditions, and there were no appeals on this decision by the closing date.

64 Staff are continuing to progress District Plan Variations 1 and 2 to the decision stage, following hearing of submissions in early July.

65 A resource consent application for an expansion of the Takitimu coal mine at Nightcaps is currently being processed.

66 Waipounamu Contracting have sought resource consent for a contracting yard in Riversdale and nine submissions were received on the application. The Planning Report for this consent was circulated this week and the hearing, which will be held by an independent Commissioner, is scheduled for 12 September.

Services and Assets

Procurement Project

67 Development is progressing well, with a further workshop held 10 August, facilitated by
Frank Aldridge of The Integral Group. They have supplied a procurement policy template which we will use.

Te Anau Airport Manapouri

68 Looking at the refuelling arrangement that we have for the Alliance Aircraft and Alliance, who have manufactured a new stand which will be shipped to the Airport, showing further commitment to our relationship.

69 BECA Engineering, a company that specialises in roading and airport surfaces, has independently inspected the minor cracking to the runway surface. There have been three recommendations that we are currently evaluating. Community Engineer, Nick Lewis is in consultation with Group Manager Services and Assets as to the best course of action for the amount of work that the runway receives and this should be available in the next couple of months.

Mayor	Mayor Gary Tong
Deputy Mayor	Paul Duffy
Councillors	Lyall Bailey
	Stuart Baird
	Brian Dillon
	Rodney Dobson
	John Douglas
	Bruce Ford
	George Harpur
	Julie Keast
	Ebel Kremer
	Gavin Macpherson
	Neil Paterson

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.

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.

Supply Element	WINZ Name	WINZ Code
Sources	Liemen Street Bore	G00050
Treatment Plants	Liemen Street, Otautau	TP00083
Distribution zone	Otautau	OTA001OT

Symbol	Indicative Cost ($)
$	< 5000
$$	5,000 - 15,000
$$$	15,001 - 50,000
$$$$	51,000 - 150,000
$$$$$	150,001 - 500,000
$$$$$$	500,001 - 1,000,000
$$$$$$$	1,000,000 - 2,000,000
$$$$$$$$	2,000,000 - 4,000,000
$$$$$$$$$	4,000,000 – 5,000,000

Chief Executive	Steve Ruru
Committee Advisor	Fiona Dunlop

Advantages	Disadvantages
· None identified given a new building is available for use.	· Continual ongoing costs for maintenance and possibly vandalism for an unused building.

Advantages	Disadvantages
· Removes all future liabilities for an unused and surplus building.	· None identified.


	Southland District Council

	Water Safety Plan for the Otautau Drinking-water Supply

Type	Easting	Northing
Liemen Street Bore	2123299	5440974

		No.	2016 $	No.	2015 $
1.	Dwellings	12	2,236,470	16	4,410,400
2.	Additions to Dwellings	14	526,500	14	506,500
3.	Commercial/Industrial Buildings	8	602,000	10	1,546,355
4.	Swimming/Spa Pools	0	0	0	0
5.	Heating Units	22	110,265	23	86,700
6.	Garages	16	403,940	5	130,400
7.	Farm Buildings	18	894,582	20	619,500
8.	Houses for Removal	2	145,000	2	20,000
9.	Cowsheds	0	0	1	700,000
10.	Miscellaneous	1	2,500	2	55,000
11.	Certificates of Acceptance	1	1,800	1	1,400
	TOTAL	94	4,923,057	9494	8,076,255

	2016	2015	Variation %
Total consents for month	94	94	0
Total consents for year	94	94	0
Total project values for month	4,923,057	8,076,255	-39.04
Total project values for year	4,923,057	8,076,255	-39.04

Average Residential Cost	186,372	275,650
Average House Area (m²)	103.08	345.87

Number of Inspections Carried Out	393	485

General subject of each matter to be considered	Reason for passing this resolution in relation to each matter	Ground(s) under section 48(1) for the passing of this resolution
Public Excluded Minutes of the Activities Performance Audit Committee Meeting dated 8 June 2016	s48(1)(d) - Check to make report confidential.	That the exclusion of the public from the part of the meeting is necessary to enable the local authority to deliberate in private on its decision or recommendation.
Public Excluded Minutes of the Riverton/Aparima Community Board Meeting dated 13 June 2016	s7(2)(b)(ii) - The withholding of the information is necessary to protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information.	That the public conduct of the whole or the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists.
Public Excluded Minutes of the Winton Community Board Meeting dated 28 April 2015	s7(2)(i) - The withholding of the information is necessary to enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations). s7(2)(j) - The withholding of the information is necessary to prevent the disclosure or use of official information for improper gain or improper advantage.	That the public conduct of the whole or the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists.
Public Excluded Minutes of the Winton Community Board Meeting dated 23 November 2015	s7(2)(i) - The withholding of the information is necessary to enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations). s7(2)(j) - The withholding of the information is necessary to prevent the disclosure or use of official information for improper gain or improper advantage.	That the public conduct of the whole or the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists.
Public Excluded Minutes of the Te Anau Community Board Meeting dated 2 December 2015	s7(2)(b)(ii) - The withholding of the information is necessary to protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information. s7(2)(h) - The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities.	That the public conduct of the whole or the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists.
Public Excluded Minutes of the Te Anau Community Board Meeting dated 27 January 2016	s7(2)(a) - The withholding of the information is necessary to protect the privacy of natural persons, including that of a deceased person.	That the public conduct of the whole or the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists.
Public Excluded Minutes of the Te Anau Community Board Meeting dated 2 March 2016	s7(2)(a) - The withholding of the information is necessary to protect the privacy of natural persons, including that of a deceased person.	That the public conduct of the whole or the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists.
Public Excluded Minutes of the Te Anau Community Board Meeting dated 13 April 2016	s7(2)(a) - The withholding of the information is necessary to protect the privacy of natural persons, including that of a deceased person. s7(2)(b)(ii) - The withholding of the information is necessary to protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information. s7(2)(h) - The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities.	That the public conduct of the whole or the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists.
Public Excluded Minutes of the Te Anau Community Board Meeting dated 25 May 2016	s7(2)(a) - The withholding of the information is necessary to protect the privacy of natural persons, including that of a deceased person. s7(2)(h) - The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities.	That the public conduct of the whole or the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists.
Public Excluded Minutes of the Tuatapere Community Board Meeting dated 5 July 2016	s7(2)(a) - The withholding of the information is necessary to protect the privacy of natural persons, including that of a deceased person.	That the public conduct of the whole or the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists.