HAURAKI DISTRICT COUNCIL MEETING

NOTICE IS HEREBY GIVEN THAT A MEETING OF THE HAURAKI DISTRICT COUNCIL WILL BE HELD IN THE COUNCIL CHAMBERS, WILLIAM STREET, PAEROA ON THURSDAY 30 AUGUST 2007 COMMENCING AT 9.00 AM

Morning tea will be available at 10.15 am.

ORDER OF BUSINESS

1. APOLOGIES Pages

2. DECLARATION OF LATE ITEMS

Pursuant to Section 46A(7) 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. CONFIRMATION OF MINUTES

3.1 ORDINARY MEETING HELD THURSDAY 16 AUGUST 2007 1-13

RECOMMENDATION

THAT the minutes of the meeting of the Hauraki District Council held on Thursday 16 August 2007 be taken as read and confirmed.

4. MATTERS ARISING FROM THE MINUTES

5. CONSIDERATION OF MINUTES OF WARD COMMITTEES

5.1 PLAINS WARD COMMITTEE (01.005.030) – Tuesday 14 August 2007 14-17

5.2 PAEROA WARD COMMITTEE (01.007.030) – Tuesday 14 August 2007 18-20

5.3 WAIHI WARD COMMITTEE (01.008.030) – Tuesday 14 August 2007 21-25

6. CONSIDERATION OF MINUTES OF COMMITTEE MEETINGS

6.1 HEARINGS COMMITTEE (01.014.030) – Thursday 19 July 2007 26-37

6.2 CONSULTATIVE COMMITTEE WATER AND WASTES (01.015.030) – Friday 29 June 2007  38-40

6.3 WESTERN PLAINS DRAINAGE DISTRICT (45.499.001) – Wednesday 25 July 2007 41-42

7. REPORTS

7.1 CHIEF EXECUTIVE’S REPORT (01.000.020) (19KB)  43

The Chief Executive’s monthly report is attached.

RECOMMENDATION

THAT the Chief Executive’s monthly report be received.

8. PLANNING/REGULATORY SERVICES 44-80

8.1 The Planning and Environmental Services Manager’s monthly monitoring report (82KB)  for the month of July 2007 is attached for the members’ consideration.

RECOMMENDATION

THAT the report be received.

Martha Mine - South Wall Pit Stability Cutback

A report from Maunsell in relation to progress on works on the South Wall Pit Stability Cutback as at 31 July, 2007. The report contains progress reports for June and July from Newmont Waihi Gold.

At present the Cutback is only slightly behind schedule and this is largely due, as reported, to time lost while blasting in the pit was halted as a result of the fly rock incident and subsequent investigation.

Maunsell is now advising that Council can release Letter of Credit Number 5.

RECOMMENDATION

THAT the Manager of Planning and Environmental Services be authorised to release the fifth (of ten) Letter of Credit held for the South Wall Pit Stability Cutback.

Amendments to Building Consents

The new Building Act introduced a process for formal amendments to Building Consents and this process requires that there is an application form, a need to track and record applications for amendments, a need to check and process these applications and issue an approval if the necessary standards are met.

These costs can vary greatly and as a result, it is recommended that all amendments (other than site notices) pay a lodgement deposit of $100.00 and any additional work above this amount is invoiced to the client once all processing of the amendment has been completed. We will recover these additional costs as no Code Compliance certificate will be issued until all outstanding amounts are paid.

RECOMMENDATION

THAT a deposit of $100.00 be charged for all building consent amendment applications (other than site notices) and that additional costs above this amount for the processing of the Amendment be charged to the applicant/agent for the Consent/Amendment.

Environmental Health

The New Zealand Food Safety Authority has now been established as a stand alone public service department.

Representatives from Council have been invited by its acting Chief Executive to attend a meeting on 13 September, 2007 where the new department is wishing to discuss matters of mutual benefit with its stakeholders.

RECOMMENDATION

THAT Councillors ………….and …..….... represent Hauraki District at the NZFSA Authority Stakeholder Meeting

Environment Waikato – Regional Plan – Proposed Variation Number 7

Attached is notice from Environment Waikato that Council’s submission has been received and advising that Further Submissions will be called for shortly.

Staff will review the Submissions and lodge any Further Submissions we think necessary to protect Council’s interest. If staff are unable to have these Further Submissions (if any) approved by Council prior to lodging because of the limited timeframes (and possibly elections) staff will report after the event.

RECOMMENDATION

THAT the Manager: Planning and Environmental Services be authorised to prepare and submit Further Submissions to Proposed Variation 7 to the Regional Plan and that these Further Submissions be reported to Council as soon as practicable.

8.2 REPORT TO COUNCIL REGARDING THE APPROPRIATENESS OF THE DRAFTING OF THE FOLLOWING PARTS OF A CONSOLIDATED BYLAW AS PROVIDED FOR BY SECTION 155(1) OF THE LOCAL GOVERNMENT ACT,  2002- PART 7 – LAND DRAINAGE PART 8 – SOLID WASTE PART 9 – WHARVES AND JETTIES (01.711.999)  (82KB)  81-100

Section 158 of the Local Government Act, 2002 ("the LGA") requires the Council to review every bylaw made by it under this Act no later than 5 years after the date on which the bylaw was made. Bylaws made by it under the Local Government Act 1974 must be reviewed no later than 1 July 2008, if the bylaw was made before 1 July 2003. The procedure and considerations for the review are, in general terms, the same as for the passing of new bylaws. Current bylaws, unless reviewed, will automatically lapse on 1 July 2010. It is the purpose of the Act to ensure that bylaws are current and that they provide the best method of addressing the issues Council deals with. A copy of the relevant legislation is attached as "Appendix 1".

RECOMMENDATION

THAT the report be received

AND THAT Pursuant to Section 155 of the Local Government Act, 2002 the passing of the following parts of a consolidated bylaw is the most appropriate measure to be taken in dealing with matters subject to the proposed parts,

Part 7 (Land Drainage)

Part 8 (Solid Waste)

Part 9 (Wharves and Jetties Control)

AND THAT Staff be authorised to prepare Part 7 (Land Drainage), Part 8 (Solid Waste), and Part 9 (Wharves and Jetties Control) of a consolidated bylaw for consideration by Council.

8.3 DRAFT CONSOLIDATED BYLAW - REVIEW OF THE HAURAKI DISTRICT FIRE PREVENTION BYLAW INVOLVING VEGETATION 1993 (01.711.999) (96KB)  101-129

As part of the program towards developing the Hauraki District Council Consolidated bylaw, the review of the Hauraki District Fire Prevention Bylaw involving Vegetation 1993 is required.

This bylaw part is different to the other parts Council has reviewed to date. In April 2007, the Department of Internal Affairs developed a proposal for a new Fire and Rescue Act. This proposal by the Department of Internal Affairs, potentially restricts the options that the Council may in the future, consider with regard to Rural Fire.

RECOMMENDATION

THAT the report be received

AND THAT:

1. The Council determines that the issue, proposal and decisions are not significant

2. A Bylaw is deemed as the most appropriate way of addressing the issues identified in clause 5 of the report.

3. The decision making and other processes detailed in this report be determined as being in accordance with parts 6 and 8 of the Local Government Act 2002 and it be approved that the Special Consultative Procedure proceeds with proposing the continuance of the Hauraki District Fire Prevention Bylaw Involving Vegetation 1993.

4. The Summary Statement of Proposal and the Statement of Proposal that are submitted as Annexure A and Annexure B and the Hauraki District Fire Prevention Bylaw Involving Vegetation 1993 be adopted in accordance with section 160(4) of the Local Government Act 2002 and approved for release and publication pursuant to the Special Consultative Procedure.

11.00AM

8.4 HEARING OF SUBMISSIONS TO DRAFT GAMBLING ACT VENUE POLICY/NEW ZEALAND RACING BOARD VENUE POLICY 2007

Please refer to copy of the Submissions received on the Draft Class 4 Venues Gambling Act Venue Policy/New Zealand Racing Board Venue Policy document which was sent out separately prior to the agenda.

RECOMMENDATION

THAT the report be received

THAT each submission to the Draft Class 4 Gambling Venue Policy be received

THAT decisions based on Council’s consideration of each submission be reflected into the Draft Class 4 Gambling Venue Policy and presented to Council for final consideration.

8.5 HEARING OF SUBMISSIONS TO DRAFT SALE OF LIQUOR POLICY 2007 (30KB)  130-145

Attached is a copy of the Submissions received on the Draft Sale of Liquor Policy.

RECOMMENDATION

THAT the report be received

THAT each submission to the Draft Sale of Liquor Policy be received

THAT decisions based on Council’s consideration of each submission be incorporated into the Draft Sale of Liquor Policy and presented to Council for final consideration.

9. COMMUNITY SERVICES

9.1 EX INFORMATION CENTRE BUILDING - SURPLUS TO REQUIREMENTS (02.609.999 & 03.198.999) (21KB)  146-148

A report is attached from the Community Services Manager regarding the Council ex Information Centre Building in Waihi which has become surplus to requirements.

RECOMMENDATION

THAT the report be received

AND THAT Council offers the ex Waihi Information Centre building for removal by way of public tender, and that a sub committee comprised of the Property Portfolio member and Chief Executive approve of the outcome of the process which will be based on the provision that Council will not be obliged to accept each and every tender submitted.

10. NETWORK SERVICES

10.1 AUTHORITY TO OPERATE SCHOOL PATROL (01.001.029)(21KB) 149-153

A report is attached from the District Engineer and Roading Manager regarding Schools Board of Trustees formal authorisation to operate school patrols under the rules of the Land Transport Authority.

RECOMMENDATION

THAT the report be received

AND THAT the Chairperson of each School Board of Trustees be advised that Authority to operate a school patrol Pursuant to subclause 8.3(1) of the Land Transport Rule; Traffic Devices 2004 is granted.

 

11. GENERAL BUSINESS

12. LATE ITEMS

1.00PM

13. APPROVAL AND RELEASE OF THE PROPOSED PART 4 (TRADE WASTE AND WASTEWATER) AND PART 5 (WATER SUPPLY) AND PART 6 (CEMETERIES) OF THE HAURAKI DISTRICT COUNCIL CONSOLIDATED BYLAW 2007 IN ACCORDANCE WITH THE SPECIAL CONSULTATIVE PROCEDURE (01.711.999)

Please refer to the Statement of Proposal for the Hauraki District Council Consolidated Bylaw (Parts 4, 5 & 6) document which was sent out separately prior to the agenda.

13.1 The purpose of this report is to present for approval the Statements of Intent, Statements of Proposal, and the drafts of the proposed Part 4 (Trade Waste and Wastewater), Part 5 (Water Supply) and Part 6 (Cemeteries) of the Hauraki District Council Consolidated Bylaw 2007 (referred to here in as "Part 4 (Trade Waste and Wastewater)", "Part 5 (Water Supply)" and "Part 6 (Cemeteries)" respectively) for release in accordance with the special consultative procedure.

RECOMMENDATION

THAT the report be received

AND THAT:

    1. The Statements of Proposal and Statements of Intent be released.
    2. The draft Part 4 (Trade Waste and Wastewater), Part 5 (Water Supply) and Part 6 (Cemeteries) be released and made available for public comment in accordance with the special consultative procedure set out in section 83 and complying with the procedures in section 148 of the Local Government Act 2002.
    3. Notice be given to the Minister of Health and to persons identified as having an interest in the adoption of Part 4 (Trade Waste and Wastewater) as a bylaw pursuant to section 148 of the Local Government Act 2002.