HAURAKI DISTRICT COUNCIL

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 16 FEBRUARY 2009 COMMENCING AT 9.00AM

L.D. Cavers

Chief Executive

HEARINGS FOR MEETING

9.15am	Waiver Application Fencing of Swimming Pools Act 1987 - J A Leonard
9.20am	Waiver Application Fencing of Swimming Pools Act 1987 - B G Louden
9.25am	Waiver Application Fencing of Swimming Pools Act 1987 - D Rolton and C Gallichan
9.30am	Waiver Application Fencing of Swimming Pools Act 1987 - N G Ferguson
9.35am	Waiver Application Fencing of Swimming Pools Act 1987 - R A Williams
9.45am	Application for Al Fresco Dining on Public Pavement - Kava Bar and Café

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 for the period 1^st November 2008 to 1^st February 2009 are submitted separately for the Committee’s information.

RECOMMENDATION

THAT the reports of delegated matters for the period 1^st November 2008 to 1^st February 2009 to be received.

4. CONFIRMATION OF MINUTES

4.1 MEETING HELD MONDAY 8 DECEMBER 2008 1-8

RECOMMENDATION

THAT the minutes of the meeting of the Hearings Committee held on Monday 8 December 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

6.1 J A LEONARD (458880) (SWIM – 03353) (23KB) 9-18

The applicant is seeking an exemption from all the fencing requirements of the Fencing of Swimming Pools Act 1987 for her spa pool.

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

A hearing is scheduled for 9.15am.

RECOMMENDATION

THAT the application from J A Leonard 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 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

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

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 B G LOUDEN (458893) (SWIM-00480)(25KB) 19-23

The applicant is seeking an exemption from all the fencing requirements of the Fencing of Swimming Pools Act 1987 for his 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 Mr Louden 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 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 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 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.

6.3 D ROLTON& C GALLICHAN (462249) (SWIM-03397)(23KB) 24-28

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 9.25am.

RECOMMENDATION

THAT the application from Derek Rolton & Christine Gallichan 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 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

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

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.

6.4 N G FERGUSON (461838) (SWIM-01944)(23KB) 29-31

The applicant is 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 9.30am.

RECOMMENDATION

THAT the application from N G Ferguson 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 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

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

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.

6.5 R A WILLIAMS (461838) (SIM-01679)(27KB) 32-36

The applicant is seeking an exemption from all the fencing requirements of the Fencing of Swimming Pools Act 1987 for his swimming pool.

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

A hearing is scheduled for 9.35am.

RECOMMENDATION

THAT the request from Mr Williams 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. The height of the lock should be no less than 1.5 metres above the floor.

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 windows that give access to the pool area are fitted with an inhibitor that restricts the opening capacity of the window to 100mm maximum opening capacity.

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. APPLICATION FOR AL FRESCO DINING ON PUBLIC PAVEMENT

7.1 KAVA BAR & CAFÉ AT 40 SEDDON STREET, WAIHI (458593) (LIQ-33832) (32KB) 37-42

The operators of the Kava Bar & Café at 40 Seddon Street, Waihi have applied with the renewal application of their On-Licence to redefine their premises to include a portion of the pavement.

A detailed report from the District Licensing Inspector including supporting documents is attached.

RECOMMENDATION

THAT the report be received

AND THAT the application for al fresco dining on the footpath by Irene Ellis in respect to the Kava Bar & Café be granted for tables and chairs as shown in the photograph showing the front of the premises. I do not consider there is adequate space for another table on the kerbside. On 5^th January Council received 2 separate complains regarding the positioning of these tables.

THAT the consent be reviewed when the On-Licence is renewed or any new licence is applied for.

THAT the public area be permanently delineated by markings and other removable barriers.

THAT the hours of use be between 9.00am and 9.00pm.

THAT the operation be under the strict control of the On-Licence Duty Manager.

THAT the street furniture be approved by Council.

Council reserves the right to withdraw any consent granted should the conditions above not be adhered to or breaches of the Sale of Liquor Act 1989 in respect to the use of the pavement are proven.

8. LATE ITEMS

9. MATTERS TO BE TAKEN WITH THE PUBLIC EXCLUDED 43-110

RECOMMENDATION

THAT the public be excluded from the following parts of the proceedings of this meeting.

The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter and the specific grounds under section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:

Item No.

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

Item 1
Request for Prosecution ‘In Principle’ - Non Compliant Swimming Pool - E Furze Section 7(2)(a) – Protect the privacy of natural persons, including that of deceased natural persons.
　

Section 48(1)(a) That the public conduct of 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 would exist.

Item 2
Dog Control Infringement Notice Appeals Section 7(2)(a) – Protect the privacy of natural persons, including that of deceased natural persons.
　

Section 48(1)(a) That the public conduct of 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 would exist.

PROCEDURE FOR HEARINGS

Item No.	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
Item 1	Request for Prosecution ‘In Principle’ - Non Compliant Swimming Pool - E Furze	Section 7(2)(a) – Protect the privacy of natural persons, including that of deceased natural persons.	Section 48(1)(a) That the public conduct of 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 would exist.
Item 2	Dog Control Infringement Notice Appeals	Section 7(2)(a) – Protect the privacy of natural persons, including that of deceased natural persons.	Section 48(1)(a) That the public conduct of 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 would exist.