RESOLVED

THAT the apology for absence of Crs K W Trembath, D C Lockwood and S G Baker and for lateness of Cr A G Gray be received and sustained.

07/797 Troughton/Meyers CARRIED

There were no late items.

ORDINARY MEETING HELD THURSDAY 14 JUNE 2007

RESOLVED

THAT the minutes of the meeting of the Hauraki District Council held on Thursday 14 June 2007 be taken as read and confirmed.

07/798 Troughton/Gordon CARRIED

PLAINS WARD COMMITTEE (01.005.030) – Tuesday 12 June 2007

Cr Troughton presented the minutes.

RESOLVED

THAT the minutes of the Plains Ward Committee meeting held on Tuesday 12 June 2007 be received and the recommendations contained therein adopted.

07/799 Troughton/Challis CARRIED

PAEROA WARD COMMITTEE (01.007.030) – Tuesday 12 June 20007

Cr Bubb presented the minutes.

RESOLVED

THAT the minutes of the Paeroa Ward Committee meeting held on Tuesday 12 June 2007 be received and the recommendations contained therein adopted.

07/800 Bubb/Milner CARRIED

Cr Bubb reported that Positive Paeroa will relocate to the Information Centre on 1^st September 2007.

WAIHI WARD COMMITTEE (01.008.030) – Tuesday 12 June 2007

Cr Hayden presented the minutes.

RESOLVED

THAT the minutes of the Waihi Ward Committee meeting held on Tuesday 12 June 2007 be received and the recommendations contained therein adopted with the exception of the recommendation WWC07/55 concerning the Waihi Arts Centre and Museum.

07/801 Hayden/Carmine CARRIED

HEARINGS COMMITTEE (01.014.030)– Thursday 24 May 2007

Cr Carmine presented the minutes.

RESOLVED

THAT the minutes of the Hearings Committee meeting held on Thursday 24 May 2007 be received and the recommendations contained therein adopted.

07/802 Carmine/Bubb CARRIED

HEARINGS COMMITTEE (01.014.030)– Thursday 7 June 2007

Cr Carmine presented the minutes.

RESOLVED

THAT the minutes of the Hearings Committee meeting held on Thursday 7 June 2007 be received and the recommendations contained therein adopted.

07/803 Carmine/Bubb CARRIED

WESTERN PLAINS DRAINAGE DISTRICT (45.499.001)  - Wednesday 30 May 2007

Cr Challis presented the minutes.

RESOLVED

THAT the minutes of the Western Plains Drainage District Committee meeting held on Wednesday 30 May 2007 be received and the recommendations contained therein adopted.

07/804 Challis/Troughton CARRIED

CHIEF EXECUTIVE’S REPORT (01.000.020) (20KB)

The Chief Executive’s monthly report is attached.

RESOLVED

THAT the Chief Executive’s monthly report be received.

07/805 Challis/Bubb CARRIED

The Chief Executive advised of recent staff changes.

For the members information, attached was a copy of a draft determination from the Remuneration Authority that incorporates changes to the eligibility criteria for the payment of resource consent hearings fees.

A member requested that in future elected members be notified of discussions on the remuneration authority’s determination regarding elected members payment for representation at resource consent hearings.

The Planning and Environmental Services Manager’s monthly monitoring report (86KB) for the month of May 2007 was presented for the members’ consideration.

RESOLVED

THAT the report be received.

07/806 Carmine/Challis CARRIED

At the time of approving the Pit Stability Cutback a sub-committee was formed to discuss and agree the Bond issues with the Company. The sub-committee gave direction to the Planning and Environmental Services Manager and Mr Dave Burton of Maunsell to progress and finalise these issues. It was always intended that the security for the cutback would form a separate part of the Rehabilitation Bond.

It was agreed that the Company would provide 10 Letters of Credit valued at $1.8 million each. These were delivered and Council now hold 9 Letters of Credit as 1 has been released.

The remaining issue to be resolved is the development of an agreed mechanism to allow for the release of the Letters of Credit through the life of the project. Following agreement with Newmont on this mechanism, a report has been prepared by Mr Burton outlining the details of the agreement along with the project reporting schedule that will authorise the progressive release of these security documents.

RESOLVED

THAT the Council approve the agreed mechanism for the release of the Letters of Credit in held in security for the Pit Stability Cutback portion of the Rehabilitation Bond.

07/807 Hayden/Troughton CARRIED

The Planning and Environmental Services Manager presented a letter from the Department of Building and Housing outlining proposals for the development and implementation of an Infringement Notice Regime for less serious offences under the Building Act, 2004. In the letter Council is asked to consider whether it has any concerns regarding the proposals which were developed out of a workshop.

It was advised that staff have no concerns regarding the proposals to the use of the Infringement Notice Regimes as used in the Dog Control Act, the Resource Management Act and the Transport Act. This mechanism is an effective tool in dealing with minor offences in a timely manner.

RESOLVED

THAT the Department of Building and Housing be advised that the Hauraki District Council supports the development of building related infringement offences as detailed in the letter from the Department.

07/808 Challis/Carmine CARRIED

The Planning and Environmental Services Manager advised that Council some months earlier approved a short term renewal of the contract held by Hauraki Animal Control Services pending a full review and preparation of a report to consider options relating to renewal or re-tendering of the contract.

The members were informed that it is not appropriate to renew this contract on a month by month basis while this report is being prepared, it was therefore recommended that:-

• The contract be renewed for a period of 1 year expiring on 30 June, 2008
• That an issues and options paper be prepared for Councils consideration.

The contractor has indicated his willingness to agree to this short term renewal at the existing price.

RESOLVED

THAT the contract be renewed for a period of 12 months expiring on 30 June, 2008

AND THAT an issues and options paper be prepared for Councils consideration at its September meeting.

07/809 Gordon/Hayden CARRIED

The Planning and Environmental Services Manager advised that progress with the bylaw review is continuing and the project remains on track for completion at the end of 2007.

It was suggested that a slight modification to the timeframe be considered as follows:

Introduction, Land Transport, Public Safety

Hearings of submissions on Bylaw End of June

Agenda to Council for adoption of Bylaw Mid July

Council Workshop 26^th July 2007

Trade Waste, Waste Water and Fire

Council Workshop 30^th August 2007

Refuse, Land Drainage, Wharves and Jetties,

Water Supply and Cemeteries

As programmed, trade waste and waste water are to be presented to Council in late July. For this to occur a Council workshop is requested to assess the bylaw in detail. It was suggested that the workshop be on the 26^th July 2007 following the Council meeting.

It is also suggested a workshop be held for phase 3 of the timeframe, and that this be held following the Council meeting on 30^th August 2007.

RESOLVED

THAT a workshop be set to discuss the Trade Waste, Wastewater and Fire parts to the Hauraki District Council consolidated bylaw on 26^th July 2007, and

AND THAT a workshop be set to discuss the Refuse, Land Drainage, Wharves and Jetties, Water Supply, Cemeteries parts to the Hauraki District Council Consolidated Bylaw on 30^th August 2007.

07/810 Challis/Bubb CARRIED

PROPOSED NATIONAL POLICY STATEMENT – ELECTRICITY TRANSMISSION (04.001.002) (20KB)

As advised in the Planning and Environmental Manager’s report to Council on 31 May, 2007 Council has received notice from the Ministry for the Environment that the Government has approved a Proposed National Policy Statement on Electricity Transmission pursuant to the Resource Management Act, 1991.

The Minister has appointed a Board of Inquiry to enquire into and report on the proposed National Policy Statement. Submissions closed on Monday, 25^th of June and as recommended Councils submission has been forwarded. A copy of the submission was attached. The member’s endorsement of the submission prepared by Don Olliver was sought.

RESOLVED

THAT the report be received.

07/811 Carmine/Troughton CARRIED

RESOLVED

THAT Council endorse the submission prepared by Mr John Olliver as submitted to the Board of Enquiry.

07/812 Carmine/Troughton CARRIED

REPORT TO DEPARTMENT OF INTERNAL AFFAIRS 2006 - DOG CONTROL (63.100.99) (31KB)

Section 10A of the 2003 amendment to the Dog Control Act 1996 requires Council to report to Central Government on its Dog Control Policy and Practices for the period 1 July 2005 to 30 June 2006. Once Council has adopted the report, public notice must be given of the report and a copy sent to the Secretary for Local Government. This is a new provision in the Act, introduced by the Dog Control Amendment Act 2003.

The members were requested to approve the report on the Dog Control Policy and Practises for 2005/06 for adoption.

RESOLVED

THAT:

1. The report of the Manager Regulatory Services dated 7^th of November 2006 be received.
2. Pursuant to section 10A of the Dog Control Act 1996, The Hauraki District Council Report on Dog Control Policy and Practices for 2005/2006 be adopted and forwarded to the Department.

07/813 Troughton/Gordon CARRIED

WAIHI LIBRARY EXTENSION PROPOSAL ((02.605.999) (21KB)

A report was presented from the Community Services Manager which provided information on the proposal to extend the Waihi Library building.

THAT the report be received

07/814 Bubb/Milner CARRIED

It was proposed that Council appoint a working group consisting of Crs Carmine, Bubb and Hayden to undertake the evaluation of the proposed extension.

RESOLVED

THAT the Council appoints Crs Carmine, Bubb and Hayden to a working group to conduct the detail work for the evaluation for the proposed extension of the Waihi Library building.

07/815 Gordon/Challis CARRIED

ROAD SAFETY STRATEGY AND SAFETY MANAGEMENT SYSTEM (01.001.029) (30KB)

The Roading Manager outlined the Road Safety Strategy and the supporting Safety Management System, being proposed for Council’s approval and subsequent implementation. These documents are intended to be key tools to define and guide the road safety programmes contained in the Hauraki Community Plan. They are working documents that require regular review and subsequent formal adoption by Council.

RESOLVED

THAT the report be received.

07/816 Bubb/Milner CARRIED

THAT the Safety Management System and the Road Safety Strategy for Hauraki District Council as presented in this report be adopted for implementation.

07/817 Carmine/Milner CARRIED

HEARINGS OF SUBMISSIONS ON DRAFT BYLAW PARTS 1,2 AND 3 (01.711.999)(20KB)

Submissions on Part 1, 2 and 3 of the Draft Consolidated Bylaw opened on 1^st May and closed on 5^th June 2007. Attached separately was a copy of the Statement of Proposal that was consulted on during May 2007.

RESOLVED

THAT the report be received.

07/818 Carmine/Milner CARRIED

NZ Police

Senior Sergeant Brian Miller of NZ Police was in attendance and presented the NZ Police submission to the Consolidated Bylaw - Control over the Possession and Consumption of Liquor in Public Places.

Submitter requested that an ‘all year round’ ban be put in place for the possession and consumption of alcohol in the CBD and Parks and Reserves in Hauraki District to exclude licensed premises and private dwellings.

RESOLVED

THAT staff investigate the legalities of imposing an ‘all year round’ ban for the possession and consumption of alcohol in the CBD and Parks and Reserves in Hauraki District.

07/819 Milner/Hayden CARRIED

Land Transport NZ

RESOLVED

THAT the submission be received and staff comments accepted.

07/820 Hayden/Milner CARRIED

RESOLVED

THAT the submission be received and staff comments accepted.

07/821 Gordon/Meyers CARRIED

Annette Madsen - Control of Poultry

Members discussed the banning of poultry with particular reference to roosters in the urban area. The Planning and Environmental Services Manager to report back with a proposal at the adoption meeting

RESOLVED

THAT the submission be received.

AND THAT the Planning and Environmental Services Manager organise a workshop to consider a ruling within bylaw regarding the Control of Poultry in the residential zone.

07/822 Gordon/Meyers CARRIED

It was recommended to Council at its last meeting that in addition to the bylaw process further consultation be undertaken specifically with the Whiritoa community.

The Mayor stated that Council have made a commitment to meet with the community at Whiritoa to receive feedback on the bylaw and options for dog exercise areas. It was agreed that a survey be undertaken in the community to gauge the general feeling regarding allowing dogs use of the beach and that these results be discussed at a public meeting.

It was advised that staff had prepared documentation to be sent to each ratepayer of the Whiritoa community that includes an explanatory letter with a feedback form seeking comments on residents and ratepayers views of the issue. The draft letter was attached and outlined that Council want to consult with Whiritoa in further detail to assess community preferences relating to dogs on the beach.

The members agreed to approve that Council carry out a survey in the Whiritoa Community on the dog exercise area and that further submissions be heard following this public consultation process.

RESOLVED

THAT the submission be received.

07/823 Gordon/Meyers CARRIED

RESOLVED

THAT the submission be received.

07/824 Hayden/Bubb CARRIED

P & R Page

RESOLVED

THAT the submission be received.

07/825 Hayden/Carmine CARRIED

RESOLVED

THAT the submission be received.

07/826 Troughton/Hayden CARRIED

RESOLVED

THAT the submission be received.

07/827 Carmine/Bubb CARRIED

RESOLVED

THAT the submission be received.

07/828 Meyers/Gordon CARRIED

RESOLVED

THAT the submission be received.

07/829 Challis/Bubb CARRIED

RESOLVED

THAT the submission be received.

07/830 Gordon/Meyers CARRIED

RESOLVED

THAT the submission be received.

07/831 Milner/Troughton CARRIED

RESOLVED

THAT the submission be received.

07/832 Carmine/Bubb CARRIED

RESOLVED

THAT the submissions to the Draft Consolidated Bylaw, incorporating Parts 1, 2 and 3 be received

AND THAT the changes as agreed be made to the Draft Consolidated Bylaw, incorporating Parts 1, 2 and 3 for final consideration but excluding Section 6 and schedule 6 of Part 3, and item XII of the revocation schedule with matters being reconsidered after consultation with the Whiritoa community

AND THAT any alterations to the adopted by-law recommended as a result of the Whiritoa community consultation be incorporated as an amendment to Part 3 by way of the Special Consultative Procedure when the next by-law Part is dealt with.

07/833 Milner/Troughton CARRIED

PAEROA MAIN STREET PARKING (40.311.999)(23KB)

Complaints have been received from several sources that parking in Paeroa main street was being abused as "all day parking" by some business owners and employers. The area of particular concern was near the intersection of SH2 and Wharf St and between Williams St and Marshall St. There have been discussions on the subject at public meetings.

Following consultation with most of the main street businesses Positive Paeroa has written to the Paeroa Ward Committee requesting a 2 hour parking restriction be imposed on Normanby Road and Belmont Road.

RESOLVED

THAT the report be received.

07/834 Milner/Bubb CARRIED

The Roading Manager requested the members consider what outcome they envisaged for putting a parking restriction in place in the main street and to also consider what would be the regulatory and roading cost implications for doing so.

After further consideration, the member’s agreed that staff further evaluate the proposal and provide a report to Council on the costs involved in establishing a 2 hour parking restriction in the main street.

RESOLVED

THAT further investigation be undertaken to determine effectiveness of the parking restriction on all day parking

AND THAT the budget value, cost centre and resource availability be defined

AND THAT a further report be submitted to Council when this information has been sourced.

07/835 Bubb/Milner CARRIED

PRIVATE ENTRANCE (RAHU ROAD BRIDGE) ON LEGAL ROAD (40.397.999) (28KB)

The Roading Manager presented a report regarding the poor condition of the privately constructed culvert/bridge structure which spans a stream adjacent to Rahu Road, and providing access to an adjacent property and three other properties further along Rahu Road.

RESOLVED

THAT the report be received.

07/836 Challis/Hayden CARRIED

During April 2006 this area suffered flood damage. Over a period of 2 to 3 years complaints have been made relating to the lack of maintenance to the bridge. An engineering report was commissioned to establish the structural integrity of the bridge after the storm. The report concluded that the damage caused by the flood was superficial and the load capacity of the bridge was unchanged. This confirmed original observations that the current use of the structure by light vehicles was not considered hazardous.

The Roading Manager advised that the bridge was constructed privately on public road by a landowner as a vehicle crossing to their property which also served as an access to other properties located further along the road.

A discussion was held regarding whether Council should take financial responsibility for the bridge. The members were of the opinion that before any further action is taken, staff investigate Councils legal position on the matter and that this information be reported to Council at a future meeting.

RESOLVED

THAT Council does not at this stage assume financial responsibility for the access road and bridge

AND THAT formal definition of the legal position with regard to the privately constructed access and bridge be obtained

AND THAT a further report be submitted to Council when this is to hand.

07/837 Carmine/Bubb CARRIED

A report from the Utilities Manager was presented by the District Engineer recommending the creation of a discussion forum to consider future directions in improving the refuse operation within the Hauraki District.

RESOLVED

THAT the report be received.

07/838 Challis/Bubb CARRIED

RESOLVED

THAT reports be submitted to the Consultative Committee Water and Waste for discussion in regard to District solid waste issues and ideas, the outcome of the discussion to guide and direct the drafting of the Refuse Options report for the Hauraki District Council.

07/839 Carmine/Troughton CARRIED

MATTERS TO BE TAKEN WITH THE PUBLIC EXCLUDED

RESOLVED

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:

07/840 Hayden/Challis CARRIED

07/844 Meyers/Gordon CARRIED

The meeting closed at 3.05pm.

CONFIRMED

J P Tregidga

12 July 2007