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 13 SEPTEMBER 2007 COMMENCING AT 9.00 AM

Morning tea will be available at 10.15 am.

ORDER OF BUSINESS

1. APOLOGIES

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 30 AUGUST 2007 1-13

RECOMMENDATION

THAT the minutes of the meeting of the Hauraki District Council held on Thursday 30 August 2007 be taken as read and confirmed.

3.2 EXTRAORDINARY MEETING HELD FRIDAY 24 AUGUST 2007 14-15

RECOMMENDATION

THAT the minutes of the extraordinary meeting of the Hauraki District Council held on Friday 24 August 2007 be taken as read and confirmed.

4. MATTERS ARISING FROM THE MINUTES

5. REPORTS

6. PLANNING/REGULATORY SERVICES

6.1 PROPOSED PLAN CHANGE 8 – NGATEA REZONING (80.000.308) 16-35

The Planning and Environmental Services Manager report on the Hearing of the above proposal by the Independent Commissioners who were appointed by Council is attached. The Hearing concluded on 9th August 2007.

RECOMMENDATION

THAT the report be received

AND THAT the report from the Independent Commissioners on Proposed Plan Change 8 - Ngatea Rezoning be received and that pursuant to clause 10 of Schedule 1 to the Resource Management Act 1991, the Hauraki District Council approves the Plan Change with modifications as detailed on pages 11-18 of the attached report – Proposed Plan Change 8.

6.2 REVOKING OF OUTDATED BYLAWS THAT HAVE NOT BEEN REVIEWED AS PART OF THE CONSOLIDATED BYLAW (01.711.999)(69KB)   36-52

The Planning and Environmental Services Manager report concerning revoking outdated bylaws is attached for members consideration.

As required by the Local Government Act, 2002, Council has to formally consider and resolve that bylaws are the most appropriate way of addressing particular issues. Therefore the purpose of this report is to-

    1. inform Members of the provisions of sections 83, 86 and 156 of the Local Government Act, 2002;
    2. propose that Council approves steps to revoke outdated bylaws that have not been reviewed as part of the drafting of the Parts of the Consolidated Bylaw.

RECOMMENDATION

THAT the report be received

AND THAT:

    1. The Council determines that the issues, proposal and decisions are not "significant" according to the Council’s Significance Policy;
    2. The following bylaws are no longer deemed as appropriate measures for the issues faced by Council and are to be revoked:

2.1. Abattoirs

Paeroa Borough Council Bylaw No 5;

Paeroa Borough Council Bylaw Bylaw No 6;

Paeroa Borough Council Bylaw Bylaw No 1 1923, Part 5 Slaughterhouses

2.2 Amusement

Paeroa Borough Council Bylaw No 1 Part 23 1923;

Paeroa Borough Council Bylaw No 3

Ohinemuri County Council Bylaw No 1 Part 16 1949

2.3 Animals

Waihi Borough Council Control Of Animal Traps Bylaw No 2, 1972;

Hauraki District Council Control Of Dogs Bylaw 2004;

Paeroa Borough Council Spring-Jaw And Gin-Trap Bylaw No 24, 1986;

2.4 Buildings

Waihi Borough Council Bylaw No 2 1971;

Waihi Borough Council Bylaw Amendment No 1 1977;

Waihi Borough Council Bylaw Amendment No 2 1979;

Waihi Borough Council Bylaw Amendment No 3 1979;

Paeroa Borough Council Bylaw No 13 1966;

Paeroa Borough Council Bylaw No 19 1978;

Paeroa Borough Council Bylaw No 22 1979;

Paeroa Borough Council Ruinous and Dangerous Buildings Bylaw No 1 Part 14 1923;

2.5 Buildings For Public Meetings

Public Places Ohinemuri County Council Bylaw Part 27 1949;

Paeroa Borough Council Bylaw No 1, Part 19 1923;

Paeroa Borough Council Bylaw No 2 Chapter 48 1928;

Waihi Borough Council Buildings for Public Meetings (Fees) Bylaw 1977;

Waihi Borough Council Control of Burning In Commercial Area Bylaw No 3 1972;

Waihi Borough Council Fire Bylaw No 1 1973;

2.6 Constitutional & Administrative

Hauraki District Council Coat Of Arms Bylaw 1992;

Paeroa Borough Council Conversion Of Bylaws To Metric Bylaw No 20;

2.7 Culverts, Including Bridges Over Road Drains

Ohinemuri County Council Culverts And Bridges Over Road Drains Bylaw No 1 Part 6 1949;

2.8 Food

Ohinemuri County Council Bylaw No 1 1949 Part 20 Eating Houses;

Ohinemuri County Council Bylaw No 1 1949 Part 21 To Prevent The Contamination Of Food During Manufacture And Sale;

2.9 Hoardings And Advertisements

Hauraki Plains County Council Hoardings Bylaw 1955;

Ohinemuri County Council Bylaw No 1 1949 Part 32 Hoardings;

Waihi Borough Council Consolidated Bylaw Amendment No 1 1979 Advertising Signs And Hoardings;

2.10 Noxious Weeds

Waihi Borough Council Noxious Weeds Bylaw 1969;

2.11 Offensive Trades

Ohinemuri County Council Bylaw No 1 1949 Part 22 Offensive Trades;

2.12 Reserves

Ohinemuri County Council Control Of Reserves Bylaw 1985;

Ohinemuri County Council Whiritoa Beach Foreshore Control Bylaw 1985.

2.13 Roads & Traffic

Ohinemuri County Council Bylaw No 1 1949 Part 7 Bullock Teams;

Ohinemuri County Council Bylaw No 1 1949 Part 8 Traction Engines & Tractors;

Ohinemuri County Council Bylaw No 1 1949 Part 10 Width Of Tyres Of Vehicle Drawn By Animals;

Ohinemuri County Council Bylaw No 1 1949 Part11 Lighting Of Vehicles;

Paeroa Borough Council Bylaw No 9 Stock Driving 1953;

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 for the revocation of the aforesaid bylaws and are to be implemented concurrently with decision making and other process for the making of Part 7 (Land Drainage), Part 8 (Solid Waste) and Part 9 (Wharves) of the Consolidated Bylaw.

4. The Statement of Proposal and Statement of Intent be released and made available for public comment following the special consultative procedure set out in section 83 of the Local Government Act 2002.

5. The Hearings Committee be delegated to hear any submissions and make recommendations to Council for final determination.

6.3 APPROVAL AND RELEASE OF THE PROPOSED PART 7 (LAND DRAINAGE) OF THE HAURAKI DISTRICT COUNCIL CONSOLIDATED BYLAW 2007 IN ACCORDANCE WITH THE SPECIAL CONSULTATIVE PROCEDURE (01.711.999) (92KB)  53-75

The purpose of this report is to present for approval the Statement of Intent, Statement of Proposal, and the draft of the Proposed Part 7 (Land Drainage) of the Hauraki District Council Consolidated Bylaw 2007 (referred to here in as "Part 7 (Land Drainage)") for release in accordance with the special consultative procedure.

RECOMMENDATION

THAT the report be received

AND THAT the Statement of Proposal and Statement of Intent be released

AND THAT the draft Part 7 (Land Drainage) be released and made available for public comment following the special consultative procedure set out in section 83 of the Local Government Act 2002

AND THAT the Hearings Committee be delegated to hear any submissions and make recommendations to Council for final determination.

6.4 ADOPTION OF CLASS 4 GAMBLING POLICY 2007 (01.712.044)(48KB)  76-81

At the Council meeting of 30th August 2007, submissions were considered on the Hauraki District Class 4 Gambling Venue Policy. The policy is now presented for its final consideration and approval by Council.

RECOMMENDATION

THAT the report be received

AND THAT the Class 4 Gambling Policy be adopted.

6.5 ADOPTION OF SALE OF LIQUOR POLICY 2007 (66.000.004)(225KB)  82-108

At the Council meeting of 30th August 2007, submissions were considered on the Hauraki District Sale of Liquor Policy. The policy is now presented for its final consideration and approval by Council.

RECOMMENDATION

THAT the report be received

AND THAT the Sale of Liquor Policy be adopted.

 

11.00am - 11.30am

PRESENTATION : PAEROA PIPE BAND AND TATTOO

Representatives from the group will be in attendance to provide a presentation in support of funding.

11.30am-12.00

PRESENTATION : VISION WAIHI TRUST

Eddie Morrow, Chief Executive of the organisation will be in attendance to present the Waihi Gold Discovery Centre Project funding proposal.

7.0 NETWORK SERVICES

7.1 ROADING MANAGERS REPORT (01.001.029) (38KB)  109-114

The Roading Manager has reported on roading matters for the months of July/August 2007. The report is attached for the members’ information.

RECOMMENDATION

THAT the report be received.

Council Workshop to Consider Forward Work Programs

The Forward Work Program (FWP) for Seal Extension, New Kerb and Channel and New Footpath requires Council approval before implementation. The Council is requested to advise, at the earliest opportunity, a date when these programs can be presented and considered for approval. It would be preferable to have the workshop completed to allow a forwarding recommendation to the end of September Council meeting.

RECOMMENDATION

THAT Council set a date in September 2007 to consider the aforementioned Forward Work Programmes

7.2 UTILITIES MANAGER’S REPORT (01.011.025) (19KB)  115-127

The Utilities Manager has reported on district utilities for the months of July/August of 2007. The report is attached for the members’ information.

RECOMMENDATION

THAT the report be received.

7.3 DRAINAGE MANAGERS REPORT (01.011.028) (26KB) 128-130

The Drainage Manager has reported on district drainage matters for the months of July/August 2007. The report is attached for the members’ information.

RECOMMENDATION

THAT the report be received.

8. GENERAL BUSINESS

8.1 WAIHI GOLD DISCOVERY CENTRE PROJECT FUNDING PROPOSAL (01.000.020)(20KB)  131-156

The Chief Executive report on funding of the Waihi Gold Discovery Centre project is attached.

The proposal has been developed to the stage where Vision Waihi Trust is seeking funding support from the Hauraki District Council. Eddie Morrow, Chief Executive of Vision Waihi Trust, will attend the meeting at 11.30 am to present this funding proposal formally to the Council and to respond to any questions that the members may have.

A detail report in accordance with Council decision making responsibilities under the Local Government Act is currently being prepared and will be circulated to the members prior to the meeting.

RECOMMENDATION

THAT the report be received.

9. ROAD STOPPING REQUEST – MOORE STREET WAIHI (03.400.700) (19KB)  157-158

9.1 Attached is a report from the District Property Officer seeking Councils consent to stop a section of road at 3 Moore Street Waihi.

RECOMMENDATION

THAT the report be received

AND THAT Council considers whether pursuant to Section 116 of the Public Works Act 1981 it gives consent for the stopping of a section of Moore Street Waihi shown as area A on the attached plan

AND THAT if Council consent is given, the land be amalgamated with the adjoining land parcel Sec 384C CT27C/1128.

AND THAT if Council consent is given, Mr Colin Smith pays $10,000 including GST as a consideration for the value of land transferred and pays all other costs associated with the road stopping process (survey, administrative, and legal.)

10. WAIKATO REGION CDEM – 2007 TRIENNIAL ARRANGEMENTS (01.000.020) (21KB)  159-164

10.1 The Chief Executive report concerning the Waikato Region CDEM – 2007 Triennial arrangements is attached.

Council has received a letter from the Waikato Region Civil Defence Emergency Management Group (CDEM) regarding arrangements that need to be made to ensure that the joint committee remains in existence following the local government elections in October 2007. A copy of the letter is attached as Appendix A.

RECOMMENDATION

THAT the report be received

AND THAT Council resolves, as provided by clause 30 (7) of Schedule 7 to the Local Government Act 2002, that the Waikato Region Civil Defence Emergency Management Group and any Subcommittee constituted by that Group shall not be deemed to be discharged on the coming into office of the members of the Council elected or appointed at the next triennial general election of members;

AND THAT Council delegates to the Chief Executive Officer its exercise of Council responsibility under the Civil Defence and Emergency Management Act during the triennial election period as recommended by the Ministry of Civil Defence & Emergency Management.

11. LATE ITEMS

12. MATTERS TO BE TAKEN WITH THE PUBLIC EXCLUDED 165-202

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

1

(deleted)

Waihi Gold Discovery Centre Project Funding Proposal

Section 7(2)(i)

Prejudice to Commercial Position/Negotiations

To enable the local authority holding the information to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations.

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.