HAURAKI DISTRICT COUNCIL

HEARINGS COMMITTEE

NOTICE IS HEREBY GIVEN THAT A MEETING OF THE HEARINGS COMMITTEE WILL BE HELD IN THE COUNCIL CHAMBERS, WILLIAM STREET, PAEROA ON MONDAY 6 OCTOBER 2008 COMMENCING AT 9.00AM

L.D. Cavers

Chief Executive

HEARINGS FOR MEETING

9.15am

Waiver Application Fencing of Swimming Pools Act 1987 - E A McMurray and E L Roberts

9.20am

Waiver Application Fencing of Swimming Pools Act 1987 - A Young

9.30am

Menacing Dog Classification - R Bassett

　

ORDER OF BUSINESS

1. APOLOGIES

2. DECLARATION OF LATE ITEMS

Pursuant to Section 46A(5) of the Local Government Official Information and Meetings Act 1987, the Chairman is to call for late items to be accepted. In the event of a late item, an explanation must be given as to why the item was not on the agenda and why discussion cannot be delayed for a subsequent meeting.

3. DELEGATED MATTERS

3.1 Reports of the matters dealt with by way of delegation from the period 1st August to 1st October 2008 are submitted separately for the Committee’s information.

RECOMMENDATION

THAT the reports of delegated matters from the period 1st August to 1st October 2008 be received.

4. CONFIRMATION OF MINUTES

4.1 MEETING HELD THURSDAY 21 AUGUST 2008 (428639) 1-12

RECOMMENDATION

THAT the minutes of the meeting of the Hearings Committee held on Thursday 21 August 2008 be taken as read and confirmed.

    MEETING HELD WEDNESDAY 27 AUGUST 2008 (437252) 13

RECOMMENDATION

THAT the minutes of the meeting of the Hearings Committee held on Wednesday 27 August 2008 be taken as read and confirmed.

5. MATTERS ARISING FROM THE MINUTES

6. APPLICATIONS FOR EXEMPTION UNDER SECTION 6 FENCING OF SWIMMING POOLS ACT 1987

9;

6.1 WAIVER APPLICATION FENCING OF SWIMMING POOLS ACT 1987 E A McMurray & E L Roberts (431111) (23KB) 14-18

The applicants are seeking an exemption from all the fencing requirements of the Fencing of Swimming Pools Act 1987 for their spa pool.

A detailed report from the Monitoring Officer including supporting documents is attached.

A hearing is scheduled for 9.15am.

RECOMMENDATION

THAT the report be received

AND THAT the application from E A McMurray and E L Roberts for a special exemption from the requirements of the Fencing of Swimming Pools Act 1987 for a lockable cover to be fitted and used in strict accordance with the conditions in place, be granted, subject to the following conditions.

That a lockable cover be constructed, fitted and used in strict accordance with the specifications as stated in the NZS8500:2006.

That the cover is locked in place when the Spa Pool is not under adult supervision or when the property is vacant.

That the lockable cover is maintained to a standard acceptable under the NZS8500:2006

Granting the application for exemption will not significantly increase the danger to young children on the basis that the conditions of the waiver are met at all times.

6.2 WAIVER APPLICATION-FENCING OF SWIMMING POOLS ACT-SWIM-03224, 65 RANGIORA ROAD, RD4, PAEROA, A YOUNG (435915 – SWIM-03224) (25KB) 19-26

The applicants are seeking an exemption from all the fencing requirements of the Fencing of Swimming Pools Act 1987 for their swimming pool.

A detailed report from the Monitoring Officer including supporting documents is attached.

A hearing is scheduled for 9.20am.

RECOMMENDATION

That the request from Mrs Young seeking a waiver from the requirement of Clauses 8 to 10 of the Schedule to the Act be granted on the grounds that it would be unreasonable for the access to the pool from the garage and dwelling to comply with the Act. Clause 11 of the Schedule to the Act allows for this specific situation on condition that the doors are fitted with a lock that, when properly operated, prevents the door from being opened by children under 6 years of age. Allowing the exemption/waiver would not significantly increase danger to young children.

The waiver is subject to the following conditions:

That all doors with access from the dwelling and garage into the pool area be fitted with a key operated lock that when properly operated prevents the door from being readily opened by children under the age of 6 years.

That the doors with access from the dwelling and garage into the pool area are locked shut when the pool is not under adult supervision.

That the access from the dwelling to the pool area be protected by an alarm complying with UL 2017 capable of detecting unauthorised access from the dwelling into the immediate pool area, and that when activated emits a sound of 85 decibels or more to be heard from the house.

That the decision of Council be entered on the title of the land for the information of a future owner.

That in every other respect the pool and fencing complies with the Fencing of Swimming Pools Act 1987.

　

7. NOTICE UNDER SECTION 33A DOG CONTROL ACT (1996) MENACING DOG

7.1 MENACING DOG CLASSIFICATION – R. BASSETT (435541) (23KB)  27-38

An appeal has been lodged.

Attached is a detailed report from the Dog Control Officer and supporting documents.

A hearing has been scheduled for 9.30am.

RECOMMENDATION

THAT the report be received

AND THAT the classification be upheld for both dogs – Zues and Zena.

8. LATE ITEMS

　

　

PROCEDURE FOR HEARINGS

1. Chairman

The Chairman will declare the hearing open and advise on the procedure to be followed.

　

2. Council Secretary

The Council Secretary will read the application and determine:

If the applicant is in attendance, or represented;

If there are any witnesses in support.

If there are any submissioners in attendance;

If there are any witnesses in support.

　

3. Applicant

The applicant will present the application and call any witnesses in support, and answer any questions from the Councillors.

　

4. Submissions to be Heard

The submissioners may present their submissions, calling any witnesses in support and answering any questions from the Councillors.

　

5. Planning Officer

The Planning Officer will present a report and answer any questions from the Councillors.

　

6. Right of Reply

The applicant now has the right of reply.

　

7. Close of Hearing

The Chairman will close the hearing and advise that Council’s decision is reserved until it has considered the evidence presented and all relevant matters.