RESOLVED

THAT the apology of Cr D C Lockwood, A G Gray and T J Meyers be received and sustained.

07/926 Milner/Trembath CARRIED

Pursuant to Section 46A(7) of the Local Government Official Information and Meetings Act 1987, the Chairperson called for late items to be accepted.

RESOLVED

THAT pursuant to Section 46A(7) of the Local Government Official Information and Meetings Act 1987, the following late items be accepted for discussion.

The item was not on the agenda because the item was unavailable at the time of the agenda deadline.

Discussion on the item could not be delayed because the item required inclusion as part of the overall bylaw review process and the item was related to another item on the agenda.

07/927 Milner/Trembath CARRIED

ORDINARY MEETING HELD THURSDAY 16 AUGUST 2007

RESOLVED

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

07/928 Carmine/Baker CARRIED

The Mayor suggested the Hauraki Cultural delegation travelling to the Jiading District be invited to provide a demonstration of their cultural performance to Council before leaving for China in October.

A member requested that more information detailing what work is involved to install the watermain be presented to the members and that this information also include an estimate of what capacity of population the watermain would support.

PLAINS WARD COMMITTEE (01.005.030) – Tuesday 14 August 2007

Cr Challis presented the minutes.

RESOLVED

THAT the minutes of the Plains Ward Committee meeting held on Tuesday 14 August 2007 be received and the recommendations contained therein adopted.

07/929 Challis/Gordon CARRIED

PAEROA WARD COMMITTEE (01.007.030) – Tuesday 14 August 2007

Cr Bubb presented the minutes.

RESOLVED

THAT the minutes of the Paeroa Ward Committee meeting held on Tuesday 14 August 2007 be received and the recommendations contained therein adopted.

07/930 Bubb/Milner CARRIED

WAIHI WARD COMMITTEE (01.008.030) – Tuesday 14 August 2007

Cr Baker presented the minutes.

RESOLVED

THAT the minutes of the Waihi Ward Committee meeting held on Tuesday 14 August 2007 be received and the recommendations contained therein adopted.

07/931 Baker/Hayden CARRIED

HEARINGS COMMITTEE (01.014.030) – Thursday 19 July 2007

Cr Carmine presented the minutes.

RESOLVED

THAT the minutes of the Hearings Committee meeting held on Tuesday 19 July 2007 be received and the recommendations contained therein adopted.

07/932 Carmine/Bubb CARRIED

CONSULTATIVE COMMITTEE WATER AND WASTES (01.015.030) – Friday 29 June 2007

Cr Baker presented the minutes.

RESOLVED

THAT the minutes of the Consultative Water & Waste Committee meeting held on Friday 29 June 2007 be received and the recommendations contained therein adopted.

07/933 Baker/Trembath CARRIED

The members were advised that no action has been taken by staff to address the ongoing problem of the dumping of effluent by trucks transporting stock to and from the sale yards in Opukeko Road. It was requested that the Roading Manager follow up the matter and report back to Council.

WESTERN PLAINS DRAINAGE DISTRICT (45.499.001) – Wednesday 25 July 2007

Cr Challis presented the minutes.

RESOLVED

THAT the minutes of the Plains Ward Committee meeting held on Wednesday 25 July 2007 be received and the recommendations contained therein adopted.

07/934 Challis/Trembath CARRIED

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

The Chief Executive’s monthly report was presented.

RESOLVED

THAT the Chief Executive’s monthly report be received.

07/935 Milner/Hayden CARRIED

Staff Update

The Chief Executive updated the members on recent staff changes.

The member’s were advised that the Deputy Electoral Officer, Robyn Kirby has taken the role of Electoral Officer due to the recent illness of Gary Paterson.

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

RESOLVED

THAT the report be received.

07/936 Milner/Challis CARRIED

Development Contributions Workshop

The Manager, Planning and Environmental Services requested that the proposed date for the second Development Contributions Workshop be changed from 13^th September to 20^th September 2007.

RESOLVED

THAT the proposed Development Contributions Workshop date be changed from 13^th to 20^th September 2007 to be held from 9.30am-12.00pm.

07/937 Hayden/Trembath CARRIED

Rail Corridor - Te Aroha to Thames

A member raised concerns about the effects on the future development of the Rail Trail over the Te-Aroha to Thames section of the ex railway corridor due to information provided by Ontrack (NZ Railways Corporation) that the ex Rail Corridor is recorded as an ‘Archaeological Site’.

It was advised that Council does lease part of the site and there will be further discussions held with Ontrack regarding the status of the ex rail corridor which will be carried as part of the District Plan Review.

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 the subsequent investigation.

Works have now progressed to the stage where Council can release Letter of Credit Number 5 for the South Wall Stability Cutback.

RESOLVED

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.

07/938 Carmine/Baker CARRIED

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 and process these applications to allow approval to be issued if the necessary standards are met.

The cost for processing amendments was initially estimated based on an "average cost". The resulting fee that was set by Council was $350. In practice it has been found that the costs of amending a building consent can vary greatly and as a result, it is recommended that all amendments (other than site notices) pay a reduced 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.

The member’s agreed that a deposit of $100.00 be received where parties amend their building consent.

RESOLVED

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.

07/939 Gordon/Milner CARRIED

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.

As the date of the meeting conflicts with the next Council meeting, it was agreed that Cr Baker tentatively accept the invitation to attend the meeting on behalf of Council.

The members were informed that a notice from Environment Waikato has been received which advises that Council’s submission has been received and that Further Submissions will be called for shortly.

Staff will review the submissions and lodge any further submissions to the proposed variation they consider 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), a report will be presented after the event.

RESOLVED

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.

07/940 Carmine/Trembath CARRIED

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)

A report from the Manager, Planning and Environmental Services was presented which provided the process for the preparation of the Draft Consolidated Bylaw.

RESOLVED

THAT the report be received.

07/941 Trembath/Gordon CARRIED

Section 158 of the Local Government Act, 2002 requires 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 under the Local Government Act 1974 must be reviewed no later than 1^st of July 2008, if the bylaw was made before 1 July 2003. 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 was attached.

RESOLVED

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.

07/942 Carmine/Bubb CARRIED

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

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.

In April 2007, the Department of Internal Affairs developed a proposal for a new Fire and Rescue Act. This proposal potentially restricts the options that the Council may in the future, consider with regard to Rural Fire.

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.

07/943 Trembath/Hayden CARRIED

REVOCATION OF EXISTING BYLAWS - WATER SUPPLY AND FIRE (01.711.999)  (36KB) 

A supplementary report to Council regarding the revocation of existing bylaws was presented.

07/944 Milner/Trembath CARRIED

The report provided Council with a list of current bylaws that are to be revoked as part of the first stage of the Bylaw review process in terms of Section 158 of the Local Government Act 2002. The members were advised that due to an oversight, these bylaws were omitted.

RESOLVED

THAT Council determines that the issues, proposal and decisions are not significant

AND THAT it is recommended that the following current Bylaws are no longer deemed as appropriate measures for the issues faced by Council regarding the supply of water:

• Hauraki Plains County Council Water Supply Bylaw 1965;
• Ohinemuri County Council Bylaw No 1 1949 Part 23 Water Supplies;
• Paeroa Borough Council Bylaw No 1 1923 Part Xv Water Supply;
• Paeroa Borough Council Bylaw No 19 1975 Water Supply Household Storage Facilities;
• Paeroa Borough Council Water Supply Empowering Act, No 5 1947; and

AND THAT it is recommended that the following current Bylaws are no longer deemed as appropriate measures for the issues faced by Council regarding the control of fire:

• Ohinemuri County Council Fire Prevention Bylaw 1973;
• Paeroa Borough Council Bylaw No 18 Fire Safety Certificates;
• Paeroa Borough Council Bylaw No 7 Declaration Of Fire Control District;
• Waihi Borough Council Bylaw No 1 Fire Bylaw 1973;
• Waihi Borough Council Bylaw No 3 Control Of Burning In Commercial Areas 1972; and

AND THAT 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 for the revocation of the aforesaid current Bylaws and are to be implemented concurrently with decision making and other process for the making of the Part 5 (Water Supply) and the continuance of the Fire Prevention Bylaw Involving Vegetation 1993; and

AND THAT the Summary of Intent and the Statement of Proposal that are submitted as annexure to the Reports to Council for the making of the Part 5 (Water Supply) and the continuance of the Fire Prevention Bylaw Involving Vegetation 1993 be amended and 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.

07/945 Carmine/Trembath CARRIED

AUTHORITY TO OPERATE SCHOOL PATROL (01.001.029) (21KB) 

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

RESOLVED

THAT the report be received.

07/946 Milner/Trembath CARRIED

RESOLVED

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.

07/947 Trembath/Hayden CARRIED

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

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

THAT the report be received.

07/948 Carmine/Gordon CARRIED

It was agreed that the removal of the building be put out for public tender and that the interest of community groups in purchasing the building be received as part of that process.

The members were advised that the funds received from the sale of the ex Information Centre Building would go directly towards the costs of establishing the new Visitors Centre now located in its new building in Upper Seddon Street and where the Information Centre is now located.

Following discussion, it was agreed that Cr Baker, Property Portfolio Holder and the Chief Executive be given the authority to initiate the tender process for the removal of the building.

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.

07/949 Gordon/Milner CARRIED

HEARING OF SUBMISSIONS TO DRAFT GAMBLING ACT VENUE POLICY/NEW ZEALAND RACING BOARD VENUE POLICY 2007 (33KB) 

A report from the Manager, Planning & Environmental Services was presented regarding all submissions received to the Draft Gambling Act Venue Policy/New Zealand Racing Board Venue Policy.

07/950 Gordon/Bubb CARRIED

Submitters were invited to speak to their submissions.

• Nett proceeds go back to the community.
• The community have their "say" about gambling.
• Gambling is fair and is carried out in a responsible manner.
• Harm arising from gambling is minimal.

1. Harkness Henry & Co on behalf of the New Zealand Racing Board - Mr Jarrod True.

Mr True, on behalf of the NZ Racing Board, presented their submission on the policy.

The Board requests an amendment that the Board be permitted to host gaming machines in their Racing Board venues.

Mr True stated that gaming machines in an alcohol free environment should be allowed as there is no need to have a liquor licence in a gaming venue. Alcohol generally encourages problem gambling. ATM machines are not allowed in Racing Board venues. Staff are trained to pick out problem gamblers and can request them to leave. Advice is also given to them of ways to seek help to reduce their gambling addiction. Problem gamblers identified by staff are also placed on a register. This register potentially could exclude the problem gambler from all Racing Board venues within a wider region such as occurs in Christchurch.

It is the Board’s view that caps on the number of gaming machines reduces casual recreational play and therefore limits the funds available for distribution back into communities.

In conclusion, the Board believes that availability of alcohol in venues and a cap on the number of gaming machines allowed is not necessary. No existing Racing Board venue (such as a TAB) has

alcohol available. The Submitter proposed that the cap be brought up to the existing number, not be increased.

 

2. The Lion Foundation - Ms Bronwyn Cox, Marketing and Communications Manager

Ms Cox advised of statistics showing the community benefit and social impacts of Class 4 gambling.

Advised that present venues are currently returning substantial funds. There is one venue in Hauraki consisting of 18 machines under the ownership of the Lion Foundation. Ms Cox provided a breakdown of grants produced from revenue generated from the machines and emphasised that the funds received from gaming machines is returned back to the community of Hauraki.

The foundation supports an overall cap with a possible increase in machine numbers for the Hauraki District for the years 2007-2020.

 

3. Problem Gambling Foundation of New Zealand - Mr Max Lewelyn

1. Hauraki Domestic Violence Intervention Network

RESOLVED

THAT the submission be received.

07/951 Milner/Hayden CARRIED

 

2. Te Kupenga O Ngato Hako Inc.

RESOLVED

THAT the submission be received.

07/952 Gordon/Bubb CARRIED

RESOLVED

THAT the submission be received.

07/953 Carmine/Trembath CARRIED

1. Charity Gaming Association Inc. - Mr Francis Weaver, Chief Executive

RESOLVED

THAT the staff comments be accepted

AND THAT Councils existing ‘sinking lid’ policy continues.

07/954 Carmine/Milner CARRIED

2. Harkness Henry & Co on behalf of the New Zealand Racing Board

RESOLVED

THAT the submission be accepted as presented

AND THAT the ban on gaming machines in TAB venues be removed from the draft policy.

07/955 Milner/Hayden CARRIED

3. The Lion Foundation - Ms Bronwyn Cox, Marketing and Communications Manager

RESOLVED

THAT the submission be accepted as presented

AND THAT the submitter be responded to in accordance with staff comments.

07/956 Trembath/Carmine CARRIED

4. Problem Gambling Foundation of New Zealand - Mr Max Lewelyn

RESOLVED

THAT the submission be accepted with the exception of point 3 in the Summary of Submissions as per staff comments

AND THAT the submitter be responded to in accordance with staff comments.

07/957 Carmine/Bubb CARRIED

RESOLVED

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.

07/958 Trembath/Carmine CARRIED

HEARING OF SUBMISSIONS TO DRAFT SALE OF LIQUOR POLICY 2007 (30KB) 

A report from the Manager, Planning & Environmental Services was presented regarding the all submissions received to the Draft Sale of Liquor Policy.

RESOLVED

THAT the report be received.

07/959 Trembath/Gordon CARRIED

1. Hauraki Domestic Violence Intervention Network - Joanna Fictoor

RESOLVED

THAT the submission be noted

AND THAT the submitter be responded to in accordance with staff comments.

07/960 Bubb/Challis CARRIED

 

2. Hospitality Association of New Zealand - Thames Branch

RESOLVED

THAT the submission be noted

AND THAT the submitter be responded to in accordance with staff comments.

07/961 Milner/Trembath CARRIED

3. Ngatea Rugby & Sport Club Inc.

RESOLVED

THAT the submission be noted

AND THAT the submitter be responded to in accordance with staff comments.

07/962 Milner/Trembath CARRIED

RESOLVED

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.

07/963 Milner/Bubb CARRIED

The members were referred to the Statement of Proposal for the Hauraki District Council Consolidated Bylaw (Parts 4, 5 & 6) document which was available for their consideration. They were requested to consider these bylaws in their draft form for approval which are to be released in accordance with the special consultative procedure.

RESOLVED

THAT:

1. The report be received

2. The Statements of Proposal and Statements of Intent be released.
3. 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.
4. 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.

07/964 Milner/Trembath CARRIED

There was no general business.

The meeting closed at 2.32pm.

CONFIRMED

D M Carmine

13 September 2007