HAURAKI DISTRICT COUNCIL MEETING

MINUTES OF A MEETING OF THE HAURAKI DISTRICT COUNCIL HELD IN THE COUNCIL CHAMBERS, WILLIAM STREET, PAEROA ON THURSDAY 13 SEPTEMBER 2007 COMMENCING AT 9.00 AM

PRESENT

His Worship the Mayor Mr J P Tregidga (In the Chair), Crs S G Baker, J M Bubb, D M Carmine, D E Challis, B A Gordon, M J Hayden, D C Lockwood, P A Milner and K W Trembath

   

IN ATTENDANCE

Messrs L D Cavers (Chief Executive), K D Thompson (District Engineer),

R H Leonhart (Corporate Services Manager), M Buttimore (Planning & Environmental Services Manager) and Ms C Black (Council Secretary)

 

APOLOGIES

RESOLVED

THAT the apology of Crs I D Troughton, T J Meyers and A G Gray be received and sustained.

07/965 Bubb/Carmine CARRIED

LATE ITEMS

There were no late items.

 

CONFIRMATION OF MINUTES

ORDINARY MEETING HELD THURSDAY 30 AUGUST 2007

RESOLVED

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

07/966 Carmine/Baker CARRIED

 

EXTRAORDINARY MEETING HELD FRIDAY 24 AUGUST 2007

RESOLVED

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

07/967 Milner/Hayden CARRIED

 

REPORTS

PLANNING/REGULATORY SERVICES

PROPOSED PLAN CHANGE 8 – NGATEA REZONING (80.000.308)

The Planning and Environmental Services Manager reported on the decision resulting from the Hearing of Submissions to Proposed Plan Change No. 8 which was heard by Council appointed Independent Commissioners on 9th August 2007.

RESOLVED

THAT the report be received.

07/968 Trembath/Hayden CARRIED

The Commissioners report of the Hearing, including their recommended modifications to the plan change was presented to the members. The members were advised that under the Resource Management Act 1991, the Council may approve, approve with modifications or decline the Proposed Change and provide reasons for its decision.

The members were advised that once the decision is approved by Council, public notification of the decision is made and all Submitters and Further Submitters and affected landowners are notified of the decision as required by the Act. There is then a 30 working day period in which Submitters and Further Submitters have the opportunity to appeal to the Environment Court. Should no appeals be received, a report is then prepared for Council recommending that the Change be made Operative from a recommended date.

RESOLVED

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.

07/969 Challis/Carmine CARRIED

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

The Planning and Environmental Services Manager presented a report outlining the revocation process for outdated bylaws.

RESOLVED

THAT the report be received.

07/970 Carmine/Bubb CARRIED

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. The report advised the members of the provisions of the Local Government Act, 2002 and proposed 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.

RESOLVED

THAT:

    1. The Council determines that the issues, proposal and decisions are not "significant" according to the Council’s Significance Policy;
  1. 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.

07/971 Baker/Milner CARRIED

The meeting adjourned at 9.40am

The meeting reconvened at 9.50am

 

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)

The Planning and Environmental Services Manager presented 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.

RESOLVED

THAT the report be received.

07/972 Hayden/Trembath CARRIED

RESOLVED

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.

07/973 Challis/Baker CARRIED

TABLED AMENDMENT TO LAND DRAINAGE BYLAW - PART 7 (01.711.999)

A tabled report was also presented which advised of an amendment which has been made to the Land Drainage Bylaw Part 7. The amendment was made as a result of the Rural Drainage Committee workshops held with the Drainage Committees on Tuesday 4th of September 2007.

RESOLVED

THAT the tabled report advising of the amendment to the Land Drainage Bylaw - Part 7 be received

AND THAT the changes be approved and incorporated into the Statement of Proposal for consultation.

07/974 Hayden/Milner CARRIED

ADOPTION OF CLASS 4 GAMBLING POLICY 2007 (01.712.044) (48KB)

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

RESOLVED

THAT the report be received

07/975 Carmine/Baker CARRIED

RESOLVED

THAT the Class 4 Gambling Policy be adopted.

07/976 Trembath/Carmine CARRIED

ADOPTION OF SALE OF LIQUOR POLICY 2007 (66.000.004) (225KB)

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

RESOLVED

THAT the report be received.

07/977 Bubb/Challis CARRIED

RESOLVED

THAT the Sale of Liquor Policy be adopted.

07/978 Milner/Bubb CARRIED

 

NETWORK SERVICES

ROADING MANAGERS REPORT (01.001.029) (38KB)

The Roading Manager reported on roading matters for the months of July/August 2007. The report was presented by the District Engineer for the members’ information.

RESOLVED

THAT the report be received.

07/979 Challis/Gordon CARRIED

Council Workshop to Consider Forward Work Programmes

The Forward Work Programme (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 programmes can be presented and considered for approval.

It was advised that it is preferred to have the workshop completed to allow a forwarding recommendation to the Council meeting of Thursday 27 September 2007.

RESOLVED

THAT Council hold a workshop on Thursday 27 September 2007 at the end of month Council meeting to consider the aforementioned Forward Work Programmes.

07/980 Carmine/Hayden CARRIED

UTILITIES MANAGER’S REPORT (01.011.025) (19KB) 

The Utilities Manager reported on district utilities for the months of July/August 2007. The report was presented by the District Engineer for the members’ information.

RESOLVED

THAT the report be received.

07/981 Milner/Lockwood CARRIED

DRAINAGE MANAGERS REPORT (01.011.028) (26KB)

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

RESOLVED

THAT the report be received.

07/982 Carmine/Baker CARRIED

The meeting adjourned at 10.40am

The meeting reconvened at 11.00am

 

PRESENTATION: PAEROA PIPE BAND AND TATTOO : FUNDING PROPOSAL

Representatives of the Paeroa Pipe Band and Tattoo Committee - Mrs G Munro (President), Mr G Ballantine (Vice-President and Co-ordinator) and Mr R Bierre (Treasurer) were in attendance and presented a DVD on their annual highland games and tattoo event held in Paeroa. The representatives addressed Council on their request for funding in which they seek a grant of $5,000 in support of their 15th annual Highland Games & Tattoo event to be held on 9 February 2008.

Mrs Munro provided the background and history of the annual even and emphasised the considerable community effort that goes into organising such an event which is attended by many people from within the district and from all around NZ.

 

PRESENTATION: VISION WAIHI TRUST - WAIHI GOLD DISCOVERY CENTRE PROJECT FUNDING PROPOSAL

Eddie Morrow, Chief Executive of the organisation was in attendance and formally presented the Waihi Gold Discovery Centre Project funding proposal to Council and responded to a number of questions that the members had regarding the proposal.

GENERAL BUSINESS

WAIHI GOLD DISCOVERY CENTRE PROJECT FUNDING PROPOSAL (01.000.020) (20KB) 

The Chief Executive presented a report on the Waihi Gold Discovery Centre project advising that the project has been developed to the stage where Vision Waihi Trust is seeking funding support from the Hauraki District Council.

A detailed report in accordance with Councils’ decision making responsibilities under the Local Government Act was also presented.

RESOLVED

THAT the report be received.

07/983 CARRIED

The meeting adjourned at 1.30pm

The meeting reconvened at 2.05pm

 

ROAD STOPPING REQUEST – MOORE STREET WAIHI (03.400.700) (19KB)  

The Chief Executive presented a report from the District Property Officer seeking Councils consent to stop a section of road at 3 Moore Street Waihi.

RESOLVED

THAT the report be received.

07/984 Milner/Trembath CARRIED

RESOLVED

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).

07/985 Trembath/Carmine 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:

 

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.

RESOLVED

AND THAT Mr Eddie Morrow be allowed to remain for discussion on the Item.

07/986 Gordon/Hayden CARRIED

RESOLVED

THAT the public be re-admitted to the meeting and the business discussed confirmed.

07/991 Bubb/Challis CARRIED

WAIKATO REGION CDEM – 2007 TRIENNIAL ARRANGEMENTS (01.000.020)  (21KB)  

The Chief Executive reported on the Waikato Region CDEM – 2007 Triennial arrangements.

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 was attached as Appendix A.

RESOLVED

THAT the report be received.

07/992 Bubb/Baker CARRIED

RESOLVED

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.

07/993 Milner/Bubb 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:

 

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

2

(deleted)

Purchase of Land adjacent to Tetley’s Quarry

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.

07/994 Carmine/Gordon CARRIED

RESOLVED

THAT the public be re-admitted to the meeting and the business discussed confirmed.

07/996 Milner/Carmine CARRIED

 

The meeting closed at 2.40pm.

 

CONFIRMED

 

 

 

J P Tregidga

Chairperson

27 September 2007