STRATEGY, POLICY & FINANCE COMMITTEE... · The Mayor asked that ouncil support the Lynmore Primary School science students art work, to be displayed in Council Galleria, as their

1 Strategy, Policy & Finance Committee meeting

Doc No. RDC-847472 9 August 2018

File No: 01-15-227

Notice of an ordinary meeting of the

STRATEGY, POLICY & FINANCE COMMITTEE

to be held Thursday 9 August 2018 at 9.30am in the Council Chamber, Rotorua Lakes Council

Chairperson:

Cr Raukawa-Tait

Members: Cr Hunt (Deputy Chair) Mayor Chadwick Cr Bentley Cr Donaldson Cr Gould Cr Kent Cr Maxwell Cr Sturt Cr Tapsell Cr Kumar E Berryman-Kamp G Mohi P Thomass S Trumper

Quorum: 8

A G E N D A

1. NGĀ WHAKAPAAHA APOLOGIES

2. WHAKAPUAKITANGA WHAIPĀNGA DECLARATIONS OF INTEREST

Members need to stand aside from decision-making when a conflict arises between their role as a Member of the Council and any private or other external interest they might have. This note is provided as a reminder to Members to review the matters on the agenda and assess and identify where they may have a pecuniary or other conflict of interest, or where there may be a perception of a conflict of interest.

If a member feels they do have a conflict of interest, they should publicly declare that at the start of the meeting or of the relevant item of business and refrain from participating in the discussion or voting on that item. If a member thinks they may have a conflict of interest, they can seek advice from the Chief Executive or the Corporate Planning & Governance Manager (preferably before the meeting). It is noted that while members can seek advice the final decision as to whether a conflict exists rests with the member.



3. NGĀ TAKE WHAWHATI TATA KĀORE I TE RĀRANGI TAKE URGENT ITEMS NOT ON THE AGENDA

Section 46A of the Local Government Official Information and Meetings Act 1987 states: (7) An item that is not on the agenda for a meeting may be dealt with at the meeting if – (a) the local authority by resolution so decides, and (b) the presiding member explains at the meeting at a time when it is open to the public, - (i) the reason why the item is not on the agenda; and (ii) the reason why the discussion of the item cannot be delayed until a subsequent meeting. (7A) Where an item is not on the agenda for a meeting, - (a) that item may be discussed at the meeting if –

(i) that item is a minor matter relating to the general business of the local authority; and (ii) the presiding member explains at the beginning of the meeting, at a time when it is

open to the public, that the item will be discussed at the meeting; but (b) No resolution, decision, or recommendation may be made in respect of that item except to

refer that item to a subsequent meeting of the local authority for further discussion.

Page

4. TE WHAKAŪ I NGĀ MENETI CONFIRMATION OF MINUTES 4.1 Minutes of the Strategy, Policy & Finance Committee meeting 12 July 2018 ................................. 7 5. NGĀ TĀPAETANGA PRESENTATIONS 5.1 Lakefront Reserve – Jean-Paul Gaston, Group Manager Strategy 6. PŪRONGO KAIMAHI STAFF REPORTS RECOMMENDATION 1: Proposed Reserve Management Plan Amendments – Lakefront Reserve ................................................................................................... 12 RECOMMENDATION 2: Disposal of land – Service Lane, Fenton Street ...................................... 26 RECOMMENDATION 3: Replacement of Public Places Liquor Control Bylaw 2009 with an Alcohol Ban Bylaw ..................................................................... 31 RECOMMENDATION 4: Rotorua District Council Holdings Ltd annual audit ................................ 76

RECOMMENDATION 5: Speed Limit Bylaw – change to speed limits ........................................... 95

RECOMMENDATION 6: Rates review process............................................................................. 102

7. KA MATATAPU TE WHAKATAUNGA I TE TŪMATANUI RESOLUTION TO EXCLUDE THE PUBLIC

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:



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 passing of this resolution

CONFIDENTIAL MINUTES of previous meeting held 12 July 2018

Please refer to the relevant clause/s in the open meeting minutes.

Good reason for withholding exists under Section 48(1)(a).

RECOMMENDATION 7: Polynesian Spa admission charge increase

Protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information.

Section 48(1)(a) Section 7(2)(b)(ii)

RECOMMENDATION 8: Economic Development Partnership

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

Section 48(1)(a) Section 7(2)(i)

This resolution is made in reliance on Section 48(1) of the Local Government Official Information and Meetings Act 1987 and the particular interest or interests protected by Sections 6 or 7 of the Act or Sections 6, 7 or 9 of the Official Information Act 1982, as the case may require, which would be prejudiced by the holding of the whole or the relevant part of the proceedings of the meeting in public are as shown above (in brackets) with respect to each item

8. NGĀ TAKE MATATAPU CONFIDENTIAL ITEMS 8.1 Confirmation of confidential minutes Confidential minutes of the Strategy, Policy & Finance Committee meeting held 12 July 2018 .......................................................................................................................... 110 8.2 Staff reports (cont.) RECOMMENDATION 7: Polynesian Spa admission charge increase ........................................... 113 RECOMMENDATION 8: Economic Development Partnership ..................................................... 117

Rotorua Lakes Council is the operating name of Rotorua District Council

6/1 4 Strategy, Policy & Finance Committee meeting


STRATEGY, POLICY AND FINANCE COMMITTEE DELEGATIONS

Type of Committee Committee

Subordinate to Council

Subordinate Committees

Legislative Basis Schedule 7, clause 30 (1) (a), Local Government Act 2002.

Purpose The purpose of the Strategy, Policy and Finance Committee is to have oversight and make recommendations to the Council on the adoption and development of all Council’s strategic, policy, planning and regulatory frameworks.

Reference 01-15-227

Membership Councillor Raukawa-Tait (Chair) Councillor Hunt (Deputy Chair) The Mayor and all councillors 2 Te Tatau o Te Arawa members 1 Lakes Community Board member 1 Rural Community Board member Full voting rights for all members

Quorum

8

Meeting frequency

Monthly

Delegations The Committee’s function is recommendatory only.1 It is authorised to take actions precedent to the exercise by the Council of its statutory responsibilities, duties and powers, by:

Receiving, considering, hearing submissions and making recommendations on draft plans (except the District Plan), strategies and policies (such as the Long-term Plan, Annual Plan; funding and financial policies; reserves management plans and asset management plans);

Considering and making recommendations on the development of the Council’s rating policy; financial strategy and budgets;

Considering and making recommendations on the development of Council bylaws, including hearing submissions in relation to making, amending and revoking bylaws;

Considering and making recommendations on Council’s strategic direction to ensure efficient and effective delivery of Council’s objectives and District Vision;

Receiving and considering reports from working/strategy groups;

Considering and making recommendations on the development of guidelines for decision making to assist Council in achieving its strategic outcomes;

1 Council is authorised to delegate anything precedent to the exercise of Council’s powers, duties and functions - Schedule 7, clause 32, Local

Government Act 2002



Considering and making recommendations on the establishment of levels of service across Council services to ensure alignment with strategic goals and priorities;

Considering and making recommendations on the development of Treasury and funding functions;

Considering and making recommendations on proposals for the establishment of Council controlled organisations (including the appointment and remuneration of Directors, formation of constitutions and shareholder agreements);

Considering and making recommendations on proposals for the sale and purchase of land;

Considering and making recommendations on issues relating to Council leases;

Considering and making recommendations on draft Council submissions/responses in relation to: o Central government policies, plans and proposed legislative

reform; o Proposals by other organisations/authorities (Local and

Regional).

Performing such other functions as the Council may direct from time to time.2

Relevant Statutes All the duties and responsibilities listed above must be carried out in accordance with the relevant legislation.

Limits to Delegations The Committee does not have the delegated authority to make decisions for and on behalf of the Council. All matters requiring a decision of Council must be referred, by way of recommendation, to the Council for final consideration and determination. In the event that the Council resolves not to approve or adopt a Committee recommendation, the item shall be returned to the Committee via the Chief Executive for review and subsequent referral to the Council for further consideration and determination.

2 A committee is subject in all things to the control of the local authority, and must carry out all general and special directions of the Council given in

relation to the committee - see Schedule 7, clause 30(3), Local Government Act 2002.

MINUTES OF PREVIOUS MEETING



01-15-227

ROTORUA LAKES COUNCIL

Minutes Strategy, Policy & Finance Committee meeting

held Thursday 12 July 2018 at 9.30am in the Council Chamber, Rotorua Lakes Council

MEMBERS PRESENT: Cr Raukawa-Tait (Chairperson) Mayor Chadwick, Cr Bentley, Cr Donaldson, Cr Kumar, Cr Maxwell, Cr Sturt, Cr Tapsell, Mrs Mohi (Te Tatau o Te Arawa), Mr Thomass (Lakes Community Board) and Mrs Trumper (Rural Community Board).

APOLOGIES: Cr Hunt (Deputy Chair), Cr Gould, Cr Kent & Mr Berryman-Kamp

STAFF PRESENT: G Rangi, Kaiwhakahaere Maori; M Morrison, Kaitiaki Maori;

H Weston, Acting Group Manager Operations; J-P Gaston, Group Manager Strategy; T Collé, Chief Financial Officer/Group Manager Business Support; R Dunn, Governance Lead; S Callis, Senior Business Analyst; I Tiriana, Manager Council Communications; R Pitkethley, Sports & Recreation Manager (part); J Wilkinson, Community Engagement & Events Lead (part); M Hancock, Senior Strategic Advisor (part); H King, Governance Support Advisor.

The Chairperson welcomed everyone present and declared the meeting open. 1. APOLOGIES

Resolved: That the apologies from Cr Hunt, Cr Gould, Cr Kent & Mr Berryman-Kamp be accepted.

Cr Sturt/Mr Thomass CARRIED

2. DECLARATIONS OF INTEREST None. 3. URGENT ITEMS NOT ON THE AGENDA 1. Homelessness: Gina Rangi gave a verbal update. 2. Communication: Cr Tapsell to give a verbal update in the public excluded session.



The Mayor asked that Council support the Lynmore Primary School science students’ art work, to be displayed in Council Galleria, as their work depicts their views for vision 2030.

The Chair ruled that confirmation of the previous minutes be considered next.

5. CONFIRMATION OF MINUTES 5.1 Minutes of the Strategy, Policy & Finance Committee meeting held 14 June 2018

Resolved: That the minutes of the Strategy, Policy & Finance Committee meeting held 14 June 2018 be confirmed as true and correct.

Mr Thomass/Mrs Trumper CARRIED

4. PRESENTATIONS

Economic Value of Mountain Biking Jean-Paul Gaston spoke to a Powerpoint presentation titled ‘Economic Value of Mountain Biking’

(Attachment 1). ATTENDANCE: Cr Kumar left the meeting at 10.26am. Resolved That the Committee receives and acknowledges the presentation.

Cr Sturt/Cr Maxwell CARRIED

6. STAFF REPORTS

01-63-099\15

6.1 RECOMMENDATION 1: DETERMINATION OF PARTNERSHIP AGREEMENTS 2018-2021

Resolved: 1. That the report “Determination of Partnership Agreements 2018-2021” be received.

Mrs Trumper/Mr Thomass

CARRIED

ATTENDANCE: Cr Kumar re-joined the meeting at 10.45am



Further resolved:

2. That the Committee notes that the LTP budget of $423,000 per annum 2018-2021 for the Community Funding Investment Policy is divided across the three grant types as follows:

Partnership Agreements $210,000

Community Grants $93,000

Neighbourhood Matching Fund $120,000 Mayor Chadwick/Mrs Trumper

SPF18/07/33 CARRIED

7. RESOLUTION TO EXCLUDE THE PUBLIC

Resolved: That the committee move into public excluded session.

Cr Donaldson/Mr Thomass CARRIED

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:

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 passing of this resolution

CONFIDENTIAL MINUTES of previous meeting held 14 June 2018

Please refer to the relevant clause/s in the open meeting minutes.

Good reason for withholding exists under Section 48(1)(a).

RECOMMENDATION 2: Determination of Partnership Agreements 2018-2021 RECOMMENDATION 3: Rating Valuation Service Provider – Contract Award

Protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information.

Section 48(1)(a) Section 7(2)(b)(ii)

This resolution is made in reliance on Section 48(1) of the Local Government Official Information and Meetings Act 1987 and the particular interest or interests protected by Sections 6 or 7 of the Act or Sections 6, 7 or 9 of the Official Information Act 1982, as the case may require, which would be prejudiced by the holding of the whole or the relevant part of the proceedings of the meeting in public are as shown above (in brackets) with respect to each item.”

The meeting adjourned at 10.55am and reconvened at 11.05am



OPEN SESSION

______________________ Meeting closed at 11.51am ______________________

To be confirmed at a Strategy, Policy & Finance Committee meeting on 9 August 2018

………….……………………………

Chairperson

Note 1: Rotorua Lakes Council is the operating name of Rotorua District Council Note 2: Attachments to these minutes are available on request or on Council’s website www.rotorualc.nz

http://www.rotorualc.nz/

STAFF REPORTS

6/3 12 Strategy, Policy and Finance Committee

Doc No: RDC-846754 9 August 2018

File No: 60-12-270\02 RDC-846754


Mayor Chairperson and Members STRATEGY, POLICY AND FINANCE COMMITTEE PROPOSED RESERVE MANAGEMENT PLAN AMENDMENTS – LAKEFRONT RESERVE Report prepared by: Stephanie Kelly, Recreation Planner Report reviewed by: Henry Weston, Group Manager Operations Report approved by: Geoff Williams, Chief Executive

1. TE PUTAKE

PURPOSE The purpose of this report is to seek the committee’s endorsement to Council:

for the adoption of the draft amendments to the Lakefront Reserve section of the Rotorua Townships Reserve Management Plan for public consultation; and

for the appointment of a panel which includes the Lead Councillors of the relevant Council portfolios, to hear submissions and make recommendations to the Council on the proposed amendments to the Lakefront Reserve section of the Rotorua Townships Reserve Management Plan.

2. TŪTOHUNGA RECOMMENDATION 1: 1. That the report ‘Proposed Reserve Management Plan Amendments – Lakefront Reserve’ be

received.

2. That the committee recommends to Council that pursuant to section 41(5A) of the Reserves Act 1977 written submissions on the proposed plan would not materially assist in its preparation

3. That the committee recommends to Council that the draft amendments to the Lakefront Reserve section of the Rotorua Townships Reserve Management Plan be adopted for public consultation pursuant to section 41(6) of the Reserves Act 1977

4. That the committee recommends to Council that the following elected members be appointed to hear submissions (with a quorum of three), and make recommendations to the Council on the draft amendments to the Lakefront Reserve section of the Rotorua Townships Reserve Management Plan:

Cr Karen Hunt – Portfolio Councillor Lead, District Revitalisation

Cr Charles Sturt – Portfolio Councillor Lead, Sport and Recreation

Cr Tania Tapsell – Portfolio Councillor Lead, Sustainable Living

Cr Dave Donaldson -Portfolio Councillor Lead, Sustainable Economic Development



3. TE TĀHUHU

BACKGROUND The Reserves Act 1977 is the central piece of legislation that governs the administration of public reserves. Under the Reserves Act the Rotorua Lakes Council, as a reserve administering body, is required to have in place reserve management plans for all reserves under its control and to ensure that those reserve management plans are kept up to date to reflect changing circumstances or increased knowledge. The redevelopment of the Rotorua Lakefront is identified as a key project in Council’s 2018-28 Long Term Plan with work currently underway to finalise the Master Plan and Business Case for the project. The Lakefront Reserve is included in the Rotorua Townships Reserves Management Plan (RMP) 2006. The Rotorua Townships RMP includes all land gifted by Ngāti Whakaue for reserve purposes within the Rotorua township. The existing RMP generally anticipates the redevelopment of the reserve however a number of minor amendments to the Lakefront section of the RMP are required to enable the recently proposed redevelopment to be undertaken. The purpose of the proposed amendments is not to change the overall intent of the RMP which recognises the Reserve as primarily being a significant community asset with public access being a key priority. The proposed changes will also provide ongoing protection for the Village Green. Specifically, amendments the RMP are required to:

Amendment Required Explanation

Provide for additional commercial

operators and a maximum commercial

building footprint of 2,000sqm.

Existing provisions restrict the number of commercial operators that can operate from the reserve. 2,000sqm is the combined footprint of existing buildings on the reserve including the ticketing kiosks and Soundshell building (excludes public toilet facilities).

Remove restrictions with regards to the

location of commercial activity.

Existing provisions restrict where commercial activity can be located on the reserve. Removing this restriction will provide more flexibility to site activity in more appropriate locations on the reserve.

Remove provision that restricts the

alteration to the configuration and style

of the existing paths, roads and paved

surfaces.

The configuration and style of the roading, pedestrian and cycle paths and other hard surfaces are proposed to be altered as part of the redevelopment of the reserve and therefore it is necessary to remove this restriction.

Remove provision that restricts any

variation in the placement and style of

park furniture and structures (e.g.

seating, lighting, tables etc.)

A new style of park furniture and structures and the placement of park furniture and structures are proposed

to be altered as part of the redevelopment of the reserve and therefore it is necessary to remove this restriction.



Amendment Required Explanation

Provide for the removal of existing

Soundshell building and Scout Hall.

Existing provisions do anticipate the possible removal of these buildings. The decision to remove the buildings has been considered separately to the proposed redevelopment as both buildings have significant earthquake prone issues that would be cost prohibitive to repair.

Remove noise control provisions. Noise control at the Lakefront Revere is dealt with through the Rotorua District Plan.

Update formatting and group some

policy provisions together into more

appropriate groupings.

Formatting and layout of document updated.

The necessary amendments to the Lakefront section of the RMP have been drafted and are attached

both as a tracked changes version (Attachment 1), and a clean version (Attachment 2). The proposed

amendments were presented and received endorsement from the Ngāti Whakaue Gifted Reserves

Protocol Committee at a meeting held on 30 July 2018.

4. TE MATAPAKI ME NGĀ KŌWHIRINGA

DISCUSSION AND OPTIONS The Reserves Act 1977 sets out the process for preparing or reviewing a RMP including the requirements around community consultation. When undertaking a comprehensive review of an RMP, the process would require Council to publicly notify its intention to review the RMP and request public submissions to inform the preparation of the draft RMP. However where any proposed amendments are considered to be less than comprehensive then the Reserves Act does provide some scope for Council to determine that submissions would not assist in the preparation of the draft plan. In these cases formal consultation would be undertaken on the proposed amendments only, which is the recommendation in this instance. The proposed amendments are considered minor and have been drafted to reflect the master plan. In addition the proposed redevelopment of lakefront has being through a number of public consultation processes including a full public consultation process in 2009 and more recently through the 2018-28 Long Term Plan. Under the Reserves Act submitters must also be given the opportunity to be heard in support of their submission. It is further recommended that the Lead Councillors of the relevant Council portfolios be appointed to hear submissions (with a quorum of three) and make recommendations to Council on the proposed amendments as follows:

Cr Karen Hunt – Portfolio Councillor Lead, District Revitalisation

Cr Charles Sturt – Portfolio Councillor Lead, Sport and Recreation

Cr Tania Tapsell – Portfolio Councillor Lead, Sustainable Living

Cr Dave Donaldson – Portfolio Councillor Lead, Sustainable Economic Development



Proceeding with the recommendations identified above will enable public consultation on the proposed amendments to the Lakefront section of the Rotorua Townships RMP to commence and, subject to consideration of any submissions received, the redevelopment of the Lakefront to proceed. The anticipated timeframes for amending the Lakefront section of the RMP are outlined below:

Date Step

30 August 2018 Council meeting to confirm minutes of SP&F Committee meeting

3 Sept – 28 Sept 2018 Public consultation on proposed amendments

8 October 2018 Public hearing and consideration of submissions by hearings panel

25 October 2018 Council to consider panel recommendations and make final decision on the proposed amendments

5. TE TINO AROMATAWAI ASSESSMENT OF SIGNIFICANCE The decisions in this report are part of a process for a proposal that is significant in accordance with Council’s Significance Policy. This states that a matter shall be determined to be significant when the financial implications of the proposal on Council’s overall resources are substantial.

6. NGĀ KŌRERO O TE HAPORI ME TE WHAKATAIRANGA

COMMUNITY INPUT/ENGAGEMENT AND PUBLICITY It is recommended that public consultation be undertaken on the draft amendments to the Lakefront Reserve section of the Rotorua Township Reserves Management Plan. This includes a one month submission process followed by a formal hearing, as per the requirements of the Reserves Act 1977.

7. HE WHAIWHAKAARO

CONSIDERATIONS

7.1 Mahere Pūtea Financial/budget considerations There are no costs associated with the recommendations of this report. The wider financial considerations of the proposed redevelopment of the Lakefront Reserve was considered and supported by Council through the 2018-28 Long Term Plan process.

7.2 Kaupapa Here me ngā Hiraunga Whakariterite Policy and planning implications The proposed redevelopment of the Lakefront Reserve was considered and supported by Council through the 2018-28 Long Term Plan process. The proposal is inconsistent with a number of provisions in the Lakefront Reserve section of the Rotorua Townships RMP. The purpose of this report is to seek endorsement from the Committee to Council to commence the process to amend the RMP and enable the redevelopment to proceed.



7.3 Tūraru Risks There is a risk that if the necessary amendments to the RMP are not approved, it may significantly limit options for the Lakefront redevelopment. This risk is not considered significant.

7.4 Te Whaimana

Authority Council is delegated under the Reserves Act 1977 Instrument of Delegation for Territorial Authorities (2013) to approve amendment to a Reserve Management Plan.

8. NGĀ ĀPITIHANGA ATTACHMENTS Attachment 1: Tracked changes version – proposed amendments to lakefront section of the Rotorua

Townships Reserve Management Plan Attachment 2: Clean version – proposed amendments to lakefront section of the Rotorua Townships

Reserve Management Plan


Doc No: RDC-846754 ATTACHMENT 1 9 August 2018












Doc No. RDC-847472 ATTACHMENT 2 9 August 2018

7.2.6.7 Objectives for Lakefront Reserve/War Memorial Park 7.2.6.7.1 To provide a modern authentic lakefront that we are proud of and that reflects our identity

and culture, provides an enhanced family-based play experience for locals and is a premier destination for visitors

7.2.6.7.2 To provide for the continued use of the reserve for a mixture of commercial and non-commercial activities, that aligns with the purpose of the reserve, to provide an enhanced waterfront experience and ongoing public access.

7.2.6.8 Policies

Naming

7.2.6.8.1 That the road from the Memorial Gates to the roundabout shall be known as Memorial Drive.

7.2.6.8.2 That the area of reserve south of the avenue of plane trees shall be known as the Village

Green. 7.2.6.8.3 That the area of reserve from the wharf west to the public boatramp shall be known as

Kouramawhitiwhiti.

Wharf area

7.2.6.8.4 That the existing wharf structures be repaired and maintained to a safe and useable standard, until such time as they are removed or replaced. .

7.2.6.8.5 That the Pukeroa Oruawhata Trust shall be involved in the process for developing options

for the lakefront facilities upgrade.

Village Green and Lake Road Frontage

7.2.6.8.6 That use of this area will continue to provide for commercial and non-commercial recreational, cultural and community activities such as fun fairs, markets, circuses, side shows, displays, exhibitions, rallies, sports events, amusement devices, arts or cultural events and concerts.

7.2.6.8.7 That the Village Green be maintained in open turf, with groups of trees, or trees on the

perimeter.

7.2.6.8.8 That dogs and other animals may be permitted on this area as part of specific events such as circuses, Gypsy Fairs, or concessions such as pony rides. Such permission is solely at the discretion of Council all faecal material is to be collected and removed by the animal's owner.

7.2.6.8.9 That concessions may be granted over portions of this area to give regular commercial operators some security of site for activities such as craft markets, side shows or mobile recreational concessions. The term of such concessions is not to exceed three years and shall not permit permanent structures.



Waterfront

7.2.6.8.10 That this area be maintained as a natural interface between the reserve and water.

Views are to be kept open, plantings maintained at a low level, and access to and along the lake edge will continue to be provided for.

7.2.6.8.11 That in particular, views of the lake from Fenton Street and Memorial Drive shall be

maintained. Leases and concessions

7.2.6.8.12 That the existing lease to the Rotorua Lakes Water Sports Trust shall be permitted to continue. In the event of expiry, a new lease may be negotiated.

7.2.6.8.13 The leases for the Scout Hall and the Soundshell café will not be renewed and the buildings will be removed as part of the redevelopment of the reserve.

7.2.6.8.14 Temporary commercial activities will be permitted where they are primarily focused on

providing recreational opportunities or enjoyment for reserve users and where they are consistent with the purpose of the reserve. This may include activities such as markets, exhibitions, displays, amusement activities, festivals and concerts.

7.2.6.8.15 Fees will be charged for temporary commercial use of the reserve, including the cost of

availability and use of power and water. 7.2.6.8.16 Long-term leases for commercial activities will be permitted in accordance with the

following criteria:

A maximum building footprint of 2,000sqm on the reserve will be permitted on the

reserve for commercial activity

Activities must enable the public to obtain the benefit and enjoyment of the reserve

or for the convenience of persons using the reserve

Activities must align with the purpose of the reserve to provide an enhanced

waterfront experience

7.2.6.8.17 As part of the redevelopment of the lakefront the leases for the existing ticketing kiosks will

be terminated and the buildings removed. All future ticketing functions will be provided for in a new building developed on the reserve.

7.2.6.8.18 Overnight camping will be permitted in designated car parks only and in accordance with all

Council policies and bylaws. Monuments and Memorials

7.2.6.8.19 That the War Memorial Gates and associated plaques be maintained with due respect and propriety.

7.2.6.8.20 That the trig station placed on the lakefront in 1988 to mark the centenary of the NewZealand Institute of Surveyors be retained.



Trees and Landscaping

7.2.6.8.21 That special historical significance be given to the large plane trees on the reserve that once marked the original lakefront, and that may have comprised some of Rotorua 's earliest amenity plantings.

7.2.6.8.22 That special significance also be given to the Olea Europaea planted near the Memorial

gates.

7.2.6.8.23 That future removal, placement and replacement and ongoing maintenance of trees and amenity planting will be undertaken in a way that best meets the objectives for the reserve.

Wildlife

7.2.6.8.24 That in general it shall be unlawful to kill or injure any birds on the reserve but that black swans and/or geese may be culled if numbers increase to the point where they are creating a serious nuisance. Such action will only be taken following consultation with the Department of Conservation and Eastern Region Fish and Game Council.

6/3 26 Strategy, Policy & Finance Committee


File No: 01-15-227 RDC-845886


Mayor Chairperson and Members STRATEGY, POLICY & FINANCE COMMITTEE DISPOSAL OF LAND – SERVICE LANE, FENTON STREET Report prepared by: Kimberley Porteous, In-House Counsel Report reviewed by: Henry Weston, Group Manager, Operations Report approved by: Geoff Williams, Chief Executive.

1. TE PUTAKE

PURPOSE The purpose of the report is to gain Council approval for the revocation of reserve status and disposal of the service lane situated between 1136 and 1138 Fenton Street.

2. TŪTOHUNGA RECOMMENDATION 2: 1. That the report ‘Disposal of Land – Service Lane, Fenton Street’ be received.

2. That the Committee recommends to Council that the Fenton Street service lane situated between 1136 and 1138 Fenton Street is declared surplus to requirement and disposed of to the WD Holmes 2000 Trust to assist with the redevelopment of their adjacent site following the revocation of reservation process pursuant to the Reserves Act 1977.

3. TE TĀHUHU BACKGROUND In 2007 Holmes Capital Group Limited applied to Council to subdivide the property at 1130 – 1140 Fenton Street and 1089 Arawa Street into 4 commercial lots, with a service plane to vest in Council pursuant to the requirement of the District Plan. The service lane was considered to provide a positive effect on the functionality of the site and the surrounding road network. At the time, the creation of the service lane was consistent with the development of the Central Business District of Rotorua. WD Holmes 2000 Trust (Trust) is now looking to redevelop their Site (1126, 1130 and 1136 Fenton Street) and wish to acquire the service lane to develop to the full extent of their freehold title.



4. TE MATAPAKI ME NGĀ KŌWHIRINGA DISCUSSION AND OPTIONS

4.1 Status quo: The Trust could still develop their Site albeit without the benefit the 149m² more or less of service lane. Council would continue to maintain the service lane.

4.2 Revoke the reservation and dispose of the service lane: This is the preferred option. The service lane has been identified as a candidate for disposal pursuant to Council’s Land Disposal Policy. The service lane is subject to the Reserves Act 1977 (the Act), being local purpose (service lane) reserve. The reservation would need to be revoked prior to any disposal. Revocation of reserves must be undertaken following the section 24 of the Act. If approved by Council to initiate the process, Council would need to consult with the commissioner before publicly notifying the proposed revocation and specifying the reason for the proposal. Every person claiming to be affected by the proposed revocation will have the right to object within 1 month after the date of first publication of the notice. Any objections would need to be forwarded to the Commissioner along with a copy of the resolution of Council, after Council has considered those objections. The Minister of Conservation will then consider the proposed revocation and all objections, if any. If the revocation is approved, the service lane would be disposed of to the Trust. The Trust would meet the costs of disposal.

5. TE TINO AROMATAWAI ASSESSMENT OF SIGNIFICANCE The decisions or matters of this report are not considered significant in accordance with the Council’s Significance and Engagement Policy.

6. NGĀ KŌRERO O TE HAPORI ME TE WHAKATAIRANGA COMMUNITY INPUT/ENGAGEMENT AND PUBLICITY As noted at 5.2 above, the reservation could not be revoked without public notification and the objection period.



7. HE WHAIWHAKAARO CONSIDERATIONS

7.1 Mahere Pūtea Financial/budget considerations There are no financial implications for Council as a result of the decision to revoke the reservation. The Trust would meet the costs of the disposal if it were to eventuate.

7.2 Kaupapa Here me ngā Hiraunga Whakariterite Policy and planning implications The proposed revocation and disposal is consistent with Council’s Land Disposal Policy and District Plan.

7.3 Tūraru Risks There are no major risks associated with the decision.

7.4 Te Whaimana Authority Council as Administering Authority and pursuant to the delegations under the Reserves Act 1977 has the authority to initiate this process.

8. NGĀ ĀPITIHANGA ATTACHMENTS Attachment 1: Aerial photograph highlighting service lane. Attachment 2: Aerial photograph highlighting the Trust’s site to be developed.



Aerial photograph highlighting service lane



Aerial photograph highlighting the Trust’s site to be developed.



File No: 01-63-099-17 RDC-845347

ROTORUA LAKES COUNCIL Mayor Chairperson and members STRATEGY, POLICY & FINANCE COMMITTEE REPLACEMENT OF PUBLIC PLACES LIQUOR CONTROL BYLAW 2009 WITH AN ALCOHOL BAN BYLAW Report prepared by: Rosemary Viskovic, Strategy Development Manager Sustainability and Social Development Report reviewed by: Neven Hill, Manager Community and Regulatory Services and Jean-Paul Gaston,

Strategy Group Manager Report approved by: Geoff Williams, Chief Executive.

1. TE PUTAKE PURPOSE

The purpose of this report is to consider the Public Places Liquor Control Bylaw 2009 and approve for special consultation a replacement Alcohol Ban Bylaw.

2. TE TUHINGA WHAKARĀPOPOTOTANGA EXECUTIVE SUMMARY

The Public Places Liquor Control Bylaw 2009 expires in 2018 and must be replaced.

The Council is empowered by sections 145, 147 and 147A-C of the Local Government Act 2002 to make bylaws to control the consumption, bringing into and possession of alcohol in public places to reduce alcohol related harm. These provisions were introduced alongside the Sale and Supply of Alcohol Act 2012 and include:

Replacing references to the word ‘liquor’ with the word ‘alcohol’;

Extending the definition of ‘public place’ to include land generally open to the public (but excluding licensed premises) from the previous definition which covered only land that was owned or controlled by the council (and so excluded areas such as private car parks, schools and reserves managed by trusts);

Providing that an alcohol ban does not apply to alcohol in an unopened container being transported through a public place (such as from a bottle store to a car);

The requirement that, before making a bylaw that is intended to replace an expiring bylaw, council be satisfied that: the bylaw can be justified as a reasonable limitation on people’s rights and freedoms; and a high level of crime or disorder (being crime or disorder caused or made worse by alcohol consumption in the area concerned) is likely to arise in the area to which the bylaw is intended to apply if the bylaw is not made; and that the bylaw is appropriate and proportionate in light of that likely crime or disorder;

The ability for the police to issue an infringement fine ($250) for alcohol ban breaches as well as the power of arrest.



To assist with the drafting of the Alcohol Ban Bylaw, the Police have provided a confidential intelligence report ‘Alcohol Related Offending – Rotorua’ (12 July 2018), which concludes that there is a considerable amount of alcohol-related offending that occurs in non-residential locations (public places) in Rotorua. A significant amount of alcohol-related offending is detected in the current Liquor Ban Zones. In addition to the Police Intelligence Report, other community stakeholders confirm that there are high levels of alcohol-related crime and disorder in Rotorua. Although consideration has been given to alternative measures to alcohol bans, the Police recommend that these zones all remain in place and that the liquor bans continue to be enforced. Officers propose Council making an Alcohol Ban Bylaw (see Attachment 1 of this report) that prohibits the consumption of alcohol and restricts the possession and transport of alcohol in some public places within the Rotorua district (called Alcohol Ban Areas). Alcohol Ban Areas may be permanent or temporary, and in either case may apply to certain days or certain hours of the day. The Bylaw gives the Police the power to seize alcohol, to search people’s bags and vehicles (in certain situations), and to arrest people found to be breaching the bylaw in Alcohol Ban Areas. In light of the amount of alcohol related offending that occurs in Rotorua and that it is spread throughout the day and night, the Police support alcohol bans being 24 hours a day, seven days a week. Nonetheless, Council officers recommend this aspect of the Bylaw be a focus of special consultation and ongoing analysis as the Bylaw is progressed to ensure this is a proportionate response in the light of likely crime or disorder. Officers recommend a Statement of Proposal and the proposed Alcohol Ban Bylaw be approved for special consultation and that Council hear and deliberate on any public submissions made.

3. HE TŪTOHUNGA RECOMMENDATION 3:

1. That the report ‘Replacement of Public Places Liquor Control Bylaw 2009 with an Alcohol Ban

Bylaw’ be received.

2. That consideration has been given to the requirements of the Local Government Act 2002 as set out in this report and it is proposed to make the Alcohol Ban Bylaw in Attachment 1 of this report.

3. That the committee recommend to Council that the attached Statement of Proposal and

Alcohol Ban Bylaw be approved for special consultation and that Council hears and deliberates on any public submissions made to the proposed Alcohol Ban Bylaw (Attachment 1).

4. TE TĀHUHU BACKGROUND

The Strategy Team is responsible for the review of all Council bylaws and works together with the various departments that ensure compliance with and enforcement of the bylaws. The Rotorua Lakes Council has 15 bylaws. These are rules made by the Council that affect and regulate certain activities in the community. They cover health, safety and a range of environmental issues. Every few years the Council is required by the Local Government Act 2002 to review its bylaws.



The Public Places Liquor Control Bylaw 2009 expires in 2018 and must be replaced.

5. TE MATAPAKI ME NGĀ KŌWHIRINGA DISCUSSION AND OPTIONS

Public Places Liquor Control Bylaw 2009 The Council is empowered by sections 145, 147 and 147A-C of the Local Government Act 2002 to make bylaws to control the consumption, bringing into and possession of alcohol in public places to reduce alcohol related harm. Officers have assessed the Public Places Liquor Control Bylaw 2009 and propose to replace it with an Alcohol Ban Bylaw that meets the requirements of sections 147 and 147A-C of the Local Government Act 2002 and better enables the Council to control the possession and consumption of alcohol in public places to reduce alcohol related harm. Considerations under sections 147 and 147A-C of the Local Government Act A number of substantial changes have been made to the legislative framework for alcohol bans since the Public Places Liquor Control Bylaw 2009 was made. These have been introduced alongside the Sale and Supply of Alcohol Act 2012 that brought in many changes to the way that alcohol is sold, supplied and consumed in New Zealand. These provisions were introduced by the Local Government (Alcohol Reform) Amendment Act 2012 and include:

Replacing references to the word liquor with the word alcohol

A requirement to review current liquor ban bylaws and liquor bans

Extending the definition of “public place” to include land generally open to the public (but excluding licensed premises) from the previous definition which covered only land that was owned or controlled by the council (and so excluded areas such as private car parks, schools and reserves managed by trusts)


The requirement that, before making a bylaw that is intended to replace an expiring bylaw, council be satisfied that -

o The bylaw can be justified as a reasonable limitation on people’s rights and freedoms; and o A high level of crime or disorder (being crime or disorder caused or made worse by alcohol

consumption in the area concerned) is likely to arise in the area to which the bylaw is intended to apply if the bylaw is not made; and that

o The bylaw is appropriate and proportionate in light of that likely crime or disorder


Criteria for replacing an expiring bylaw under section 147A(3) Of particular note is the requirement that, before making a bylaw that is intended to replace an expiring bylaw, council must be satisfied it meets the criteria in section 147A(3) of the Local Government Act 2002:



(3) Before making under section 147 a bylaw that is intended to replace an expiring bylaw and is to the same effect (or to substantially the same effect) as the expiring bylaw, a territorial authority must be satisfied that -

(a) the bylaw can be justified as a reasonable limitation on people’s rights and freedoms; and

(b) a high level of crime or disorder (being crime or disorder caused or made worse

by alcohol consumption in the area concerned) is likely to arise in the area to which the bylaw is intended to apply if the bylaw is not made; and

(c) the bylaw is appropriate and proportionate in the light of that likely crime or

disorder.

Of key importance is the requirement that, before making a bylaw that is intended to replace an expiring bylaw, Council be satisfied that a high level of crime or disorder (being crime or disorder caused or made worse by alcohol consumption in the area concerned) is likely to arise in the area to which the bylaw is intended to apply if the bylaw is not made. Examples of crime or disorder associated with alcohol in public places include offensive behaviour (use of anti-social language and urinating in public), assault, property damage (vandalism and graffiti), fighting, trespass, theft, littering, noise and reckless use of vehicles. Regard must also be had to whether the bylaw is appropriate and proportionate in light of that likely crime or disorder for each area. Proportionality may be influenced by whether the alcohol ban is in place at all times (24 hours a day, seven days a week), or perhaps only overnight (7pm or 10pm to 7am). Then, overall, consideration must be given to whether the bylaw can be justified as a reasonable limitation on people’s rights and freedoms. Alcohol related crime or disorder in Rotorua To assist the Council, the Police have prepared an ‘Alcohol Related Offending – Rotorua’ Intelligence Report (12 July 2018). The Report concludes that there is a considerable amount of alcohol related offending that occurs in non-residential locations (public places) in Rotorua. Of the 2,593 offences recorded between 1 July 2016 to 30 June 2018, 1604 (62%) are known or estimated to be alcohol related. The Police say this illustrates a significant level of alcohol related harm in the community. Behavioural offences are the second highest group of alcohol-related offences after driving offences. The Police say that this is significant in that it not only poses a risk of harm to the community, but also has the ability to increase fear of crime and decrease the public perception of safety. A significant amount of alcohol-related offending is also detected in the current Liquor Ban Zones. Of the 431 offences in the current Liquor Ban Zones, 292 (68%) are known or estimated to be alcohol related.

Police National Headquarters has identified that within three-time bands a proportion of the above crimes can be related to alcohol: a. Between 2100-0600 hours an estimated 75 per cent are alcohol related b. Between 1600-2100 hours an estimated 50 per cent are alcohol related c. Between 0600-1600 hours an estimated 25 per cent are alcohol related



In light of the amount of alcohol related offending that occurs in Rotorua and that it is spread throughout the day and night, the Police support alcohol bans being 24 hours a day, seven days a week as appropriate and proportionate in the light of that crime or disorder. Nonetheless, Council officers recommend that this be a focus of special consultation and ongoing analysis as the Bylaw is progressed. In addition to the Police Intelligence Report, other community stakeholders confirm that there are high levels of alcohol-related crime and disorder in the Rotorua Central Business District (especially from 1am to 3am on Friday and Saturday nights) as well as in the Western Heights and the Ford Road areas. Although consideration has been given to alternative measures to alcohol bans, the Police recommend that these zones all remain in place and that the liquor bans continue to be enforced. Nonetheless, it is suggested that alternative measures to minimise alcohol related harm including, for example; environmental design, alcohol licensing measures or community engagement leading to behavioural change, should also be employed to complement alcohol ban areas. Proposed Alcohol Ban Bylaw Officers propose an Alcohol Ban Bylaw (see Attachment 1 of this Report) that prohibits the consumption of alcohol and restricts the possession and transport of alcohol in some public places within the Rotorua district (called Alcohol Ban Areas). Under the Bylaw, Alcohol Ban Areas may be permanent or temporary, and in either case may apply to certain days or certain hours of the day. That information, for Permanent Alcohol Ban Areas, can be found in Part 4 of the Bylaw. Under the Bylaw, in Alcohol Ban Areas, the consumption of alcohol will not generally be allowed in public places (such as parks, footpaths, lakesides, or roads), but is allowed on private land (such as licensed premises or private residences). The Bylaw does not cover matters related to licensed premises or any matters already covered by the Sale and Supply of Alcohol Act 2012. The possession of alcohol in Alcohol Ban Areas is generally only allowed when transporting, carrying or delivering alcohol through an area. The Bylaw gives the Police the power to seize alcohol, to search people’s bags and vehicles (in certain situations), and to arrest people found to be breaching the bylaw in Alcohol Ban Areas. A breach of the Bylaw is an infringement which, on conviction, can result in a fine of up to $20,000.

Further considerations In making any bylaw, the Council must also follow the general procedure for making bylaws under the Local Government Act 2002:

Officers have concluded that the proposed Alcohol Ban Bylaw better enables the Council to control the possession and consumption of alcohol in public places to reduce alcohol related harm than having no bylaw, relying only on education/information or general legal requirements. As a consequence, officers recommend that the proposed Alcohol Ban Bylaw is the most appropriate option as it provides for greater certainty and is enforceable by the Police.

Officers recommend that the Alcohol Ban Bylaw is the most appropriate form of bylaw.



The Alcohol Ban Bylaw is considered to be consistent with the New Zealand Bill of Rights Act 1990 and does not raise any implications under this Act. The Bylaw does not place any unjustified limitations on freedom of movement, expression or association. Serious offences against the Bylaw require a judicial process through a summary conviction, which provides alleged offenders with opportunities for defence.

In terms of the four general requirements for making a valid bylaw, the Local Government Act 2002 empowers the Council to make alcohol ban bylaws. The proposed Alcohol Ban Bylaw is not repugnant to the general laws of New Zealand. It will impose reasonable restrictions that afford better outcomes for the health and safety of the general public and the protection of Council’s assets.

In light of decision-making under sections 77, 78, 79, 80, 81 and 82 of the Local Government Act 2002, as noted above, although other options, such as having no bylaw, relying only on education/information or general legal requirements are possible, the benefits of a bylaw as an option outweigh the costs in terms of the present and future interests of the district. A bylaw also better promotes or achieves community outcomes (such as health and safety) as expressed in the Rotorua 2030 Goals in a more integrated and efficient manner than having no bylaw. In terms of the impact of these options on the Council’s capacity to meet present and future needs in relation to any statutory responsibility, Council and the Police have the capacity and resources to monitor and enforce the proposed bylaw.

The views and preferences of certain stakeholders and the Police who are affected by, or have an interest in, the Bylaw have been considered.

6. TE TINO AROMATAWAI ASSESSMENT OF SIGNIFICANCE

As the decisions of this Report concern making a replacement bylaw, the proposal is considered significant in accordance with the Local Government Act 2002 and the Council’s Policy on Significance. As a significant decision, the Council must apply greater diligence to the decision-making requirements of the Local Government Act 2002. This includes, but is not limited to, the degree to which different options are identified and assessed and the extent to which community views are considered. In addition, the Council is required to consult publicly on the proposed bylaw in accordance with the special consultative procedure.

7. NGĀ KŌRERO O TE HAPORI ME TE WHAKATAIRANGA COMMUNITY INPUT/ENGAGEMENT AND PUBLICITY

Following approval from the committee, the Statement of Proposal in Attachment 2 on the proposed Alcohol Ban Bylaw will be available for community engagement using the special consultative procedure from 3 September to 10 October 2018. Following written submissions, a hearings panel will be convened to hear any submitters and deliberate on the submissions and consider what changes need to be made as a result. A Report will then be drafted for adoption by the Council.




8.1 He whaiwhakaaro mahere pūtea Financial/budget considerations

Costs associated with making this bylaw are within existing budgets. The replacement bylaw recommended is not expected to have a significant impact on future operating costs.

8.2 Kaupapa here me ngā hiraunga whakariterite Policy and planning implications

The proposed Alcohol Ban Bylaw is consistent with the Rotorua 2030 Vision and Portfolio Strategies.

8.3 Tūraru Risks

No significant risks have been identified.

8.4 Te whaimana Authority

Council has the authority to make the resolutions included within this report.

9. NGĀ ĀPITIHANGA ATTACHMENTS

Attachment 1: Proposed Alcohol Ban Bylaw Attachment 2: Statement of Proposal for the Proposed Alcohol Ban Bylaw

6/3 38 Strategy Policy & Finance Committee meeting






































































Alcohol Ban Bylaw

Statement of Proposal

Background The Public Places Liquor Control Bylaw 2009 expires in 2018 and must be replaced. The Council can make bylaws to control the consumption, bringing into and possession of alcohol in public places to reduce alcohol related harm under the Local Government Act 2002. These include:



The requirement that council be satisfied that: o the bylaw can be justified as a reasonable limitation on people’s rights and freedoms; and o a high level of crime or disorder (being crime or disorder caused or made worse by alcohol

consumption in the area concerned) is likely to arise in the area to which the bylaw is intended to apply if the bylaw is not made; and that

o the bylaw is appropriate and proportionate in light of the crime or disorder;


To assist the Council, the Police prepared a Report which concludes that there is a considerable amount of alcohol related offending that occurs in non-residential locations (public places) in Rotorua. A significant amount of alcohol-related offending is detected in the current Liquor Ban Zones.

Council proposes making an Alcohol Ban Bylaw that prohibits the consumption of alcohol and restricts the possession and transport of alcohol in some public places within the Rotorua district (called Alcohol Ban Areas). Council proposes to retain all the liquor ban areas made under the Public Places Liquor Control Bylaw 2009 as Alcohol Ban Areas and for these to remain 24 hours a day, seven days a week. Consultation Process - How can I have my say? The Council must use the special consultative procedure to make a new bylaw. Section 83(1)(a) of LGA 2002 requires the Council to prepare a Statement of Proposal. Section 86(2) requires the Statement of Proposal to include: a draft of the bylaw and the reasons for the proposal; and a report on the relevant determinations by the Council under section 155 of the LGA 2002. Submissions are welcomed on the proposed bylaw, especially on the specific Alcohol Ban Areas and the proposal for these being 24 hours a day, seven days a week. You can submit your opinions online via an electronic submission form on the Council website. You may post or fax submissions to the Council. You also need to indicate whether you wish to appear in person before the Council to speak in support of your submission.



For further information, or to lodge a submission, visit our website: rotorualakescouncil.nz/letstalk or rotorualakescouncil.nz/koreromai If you have any additional questions, please phone Rotorua Lakes Council on 07 348 4199 or email [email protected] Submissions can also be: Emailed to: [email protected] or

Posted to: Rotorua Lakes Council, Private Bag 3029, Rotorua Mail Centre, Rotorua 3046 The submission period runs from 30 August 2018 until 10 October 2018. Submissions on the Bylaw are available to the public and the media. This includes your personal information. All submissions will be acknowledged. Submitters who wish to speak to their submission will be advised of the Council meeting date following the closure of submissions.

mailto:[email protected]

mailto:[email protected]



Relevant Legislation

Public Places Liquor Control Bylaw 2009

The Council is empowered by sections 145, 147 and 147A-C of the Local Government Act 2002 to make bylaws to control the consumption, bringing into and possession of alcohol in public places to reduce alcohol related harm. Officers have assessed the Public Places Liquor Control Bylaw 2009 and propose to replace it with an Alcohol Ban Bylaw that meets the requirements of sections 147 and 147A-C of the Local Government Act 2002 and better enables the Council to control the possession and consumption of alcohol in public places to reduce alcohol related harm.

Considerations under sections 147 and 147A-C of the Local Government Act A number of substantial changes have been made to the legislative framework for alcohol bans since the Public Places Liquor Control Bylaw 2009 was made. These have been introduced alongside the Sale and Supply of Alcohol Act 2012 that brought in many changes to the way that alcohol is sold, supplied and consumed in New Zealand. These provisions were introduced by the Local Government (Alcohol Reform) Amendment Act 2012 and include:

Replacing references to the word liquor with the word alcohol

A requirement to review current liquor ban bylaws and liquor bans



The requirement that, before making a bylaw that is intended to replace an expiring bylaw, council be satisfied that -

o The bylaw can be justified as a reasonable limitation on people’s rights and freedoms; and o A high level of crime or disorder (being crime or disorder caused or made worse by alcohol consumption

in the area concerned) is likely to arise in the area to which the bylaw is intended to apply if the bylaw is not made; and that

o The bylaw is appropriate and proportionate in light of that likely crime or disorder


Criteria for replacing an expiring bylaw under section 147A(3) Of particular note is the requirement that, before making a bylaw that is intended to replace an expiring bylaw, council must be satisfied it meets the criteria in section 147A(3) of the Local Government Act 2002:

(3) Before making under section 147 a bylaw that is intended to replace an expiring bylaw and is to the same effect (or to substantially the same effect) as the expiring bylaw, a territorial authority must be satisfied that -

(a) the bylaw can be justified as a reasonable limitation on people’s rights and freedoms; and

(b) a high level of crime or disorder (being crime or disorder caused or made worse by alcohol consumption in the area concerned) is likely to arise in the area to which the bylaw is intended to apply if the bylaw is not made; and

(c) the bylaw is appropriate and proportionate in the light of that likely crime or disorder.

Of key importance is the requirement that, before making a bylaw that is intended to replace an expiring bylaw, Council be satisfied that a high level of crime or disorder (being crime or disorder caused or made worse by alcohol consumption in the area concerned) is likely to arise in the area to which the bylaw is intended to apply if the bylaw is not made.



Examples of crime or disorder associated with alcohol in public places include offensive behaviour (use of anti-social language and urinating in public), assault, property damage (vandalism and graffiti), fighting, trespass, theft, littering, noise and reckless use of vehicles.

Regard must also be had to whether the bylaw is appropriate and proportionate in light of that likely crime or disorder for each area. Proportionality may be influenced by whether the alcohol ban is in place at all times (24 hours a day, seven days a week), or perhaps only overnight (7pm or 10pm to 7am). Then, overall, consideration must be given to whether the bylaw can be justified as a reasonable limitation on people’s rights and freedoms. Further considerations

In making any bylaw, the Council must also follow the general procedure for making bylaws under the Local Government Act 2002:

Officers have concluded that the proposed Alcohol Ban Bylaw better enables the Council to control the possession and consumption of alcohol in public places to reduce alcohol related harm than having no bylaw, relying only on education/information or general legal requirements. As a consequence, officers recommend that the proposed Alcohol Ban Bylaw is the most appropriate option as it provides for greater certainty and is enforceable by the Police.

Officers recommend that the Alcohol Ban Bylaw is the most appropriate form of bylaw.

The Alcohol Ban Bylaw is considered to be consistent with the New Zealand Bill of Rights Act 1990 and does not raise any implications under this Act. The Bylaw does not place any unjustified limitations on freedom of movement, expression or association. Serious offences against the Bylaw require a judicial process through a summary conviction, which provides alleged offenders with opportunities for defence.

In terms of the four general requirements for making a valid bylaw, the Local Government Act 2002 empowers the Council to make alcohol ban bylaws. The proposed Alcohol Ban Bylaw is not repugnant to the general laws of New Zealand. It will impose reasonable restrictions that afford better outcomes for the health and safety of the general public and the protection of Council’s assets.

In light of decision-making under sections 77, 78, 79, 80, 81 and 82 of the Local Government Act 2002, as noted above, although other options, such as having no bylaw, relying only on education/information or general legal requirements are possible, the benefits of a bylaw as an option outweigh the costs in terms of the present and future interests of the district. A bylaw also better promotes or achieves community outcomes (such as health and safety) as expressed in the Rotorua 2030 Goals in a more integrated and efficient manner than having no bylaw. In terms of the impact of these options on the Council’s capacity to meet present and future needs in relation to any statutory responsibility, Council and the Police have the capacity and resources to monitor and enforce the proposed bylaw.

The views and preferences of certain stakeholders and the Police who are affected by, or have an interest in, the Bylaw have been considered.



File No: 01-15-321 RDC-845777

ROTORUA DISTRICT COUNCIL Mayor Chairperson & members STRATEGY, POLICY & FINANCE COMMITTEE ROTORUA DISTRICT COUNCIL HOLDINGS LTD ANNUAL AUDIT Report prepared by: Ian Meynell, Senior Financial Accountant Report reviewed by: Thomas Colle, Chief Financial Officer/Group Manager Business Support Report approved by: Geoff Williams, Chief Executive


This report seeks to exempt the council controlled organisation (CCO), RDC Holdings Ltd, from an annual audit until such time as it is used for trading.

2. TŪTOHUNGA RECOMMENDATION 4: 1. That the report “Rotorua District Council Holdings Ltd annual audit” be received. 2. That the committee recommends that Council exempt, under section 7 of the Local

Government Act 2002, Rotorua District Council (RDC) Holdings Ltd from its reporting and audit requirements.

3. That the committee recommends to Council that no financial statements be prepared for

RDC Holdings Ltd while the exemption applies.

4. That the committee recommends to Council that the exemption identified in point 2 of this recommendation extend for a period of three years, commencing for the 2018/2019 financial year, or until RDC Holdings Ltd begins trading.


Council initially established RDC Holdings Ltd in the belief it would need a holding company to manage its partnership with Scion and any third party around the development and commercialisation of the Terax plant and process. However, as this project progressed, an alternative legal framework – a limited partnership - was established instead. As a consequence, no activity has occurred within RDC Holdings. The proposal to exempt the CCO is intended to ensure Audit NZ are not required to formally audit a holding company through which no activity or transactions have occurred.



The section of the Local Government Act states:

7 Exempted organisations (1) The Governor-General may, by Order in Council made on the recommendation of the

Minister, exempt an organisation for the purposes of section 6(4)(i)http://www.legislation.govt.nz/act/public/2002/0084/latest/link.aspx?search=sw_096be8e

d80a1f772_section+7_25_se&p=1&id=DLM171482. (2) The Minister may make a recommendation only if—

(a) the organisation is subject to monitoring and reporting requirements under an enactment; and

(b) in the Minister's opinion, the organisation's accountability under that enactment is of a similar nature and effect to that required of a council-controlled organisation under this Act.

(3) A local authority may, after having taken account of the matters specified in subsection (5), exempt a small organisation that is not a council-controlled trading organisation, for the purposes of section 6(4)(i)http://www.legislation.govt.nz/act/public/2002/0084/latest/link.aspx?search=sw_096be8e

d80a1f772_section+7_25_se&p=1&id=DLM171482. (4) An exemption must be granted by resolution of the local authority. (5) The matters are—

(a) the nature and scope of the activities provided by the organisation; and (b) the costs and benefits, if an exemption is granted, to the local authority, the

council-controlled organisation, and the community. (6) A local authority must review an exemption it has granted—

(a) within 3 years after it is granted; and (b) after the first review, at intervals of not less than 3 years following the last review

under this section. (7) A local authority may, at any time, revoke an exemption it has granted

4. EXPLANATION The requirement for audit comes from either: a) The Local Government Act (LGA), for CCOs; or b) The entity’s constitution or trust deed, for exempted and other non-CCO subsidiaries; or c) The Financial Reporting Act (for companies). Where the entity is a CCO (i.e. it has not been exempted), there are no options as the reporting and audit requirements come from the LGA. However, small CCOs (these include non-active CCOs) can be exempted (from reporting) under section 7 of the LGA. Then their accountability obligations fall back to their constitution if they are a company, or their trust deed if they are a trust. Where the exempted CCO’s constitution or trust deed requires an audit, then, short of this being amended, there needs to be an audit. This audit is solely under the Public Audit Act 2001 as the entity, having been exempted under s7 of the LGA, is no longer subject to the LGA. Where the entity is a company, while s10 of the Financial Reporting Act requires an annual report, s10a provides for the non-active companies to not prepare an annual report. All non-active council subsidiaries will be covered by this exemption.

http://www.legislation.govt.nz/act/public/2002/0084/latest/link.aspx?search=sw_096be8ed80a1f772_section+7_25_se&p=1&id=DLM171482






5. AUDIT REQUIREMENTS

To confirm a non-active subsidiary of Council does not need an audit, Council must provide to its auditors:

1. Resolution of Council exempting RDC Holdings Ltd under s7 of the LGA 2. A copy of the company’s constitution confirming that there are no specific audit requirements 3. That there is a decision not to prepare financial statements.


Attachment 1 – Constitution of Rotorua District Council Holdings Ltd



































File: 33-21-030\05 RDC-845008

ROTORUA LAKES COUNCIL Mayor Chairperson and Members STRATEGY, POLICY & FINANCE COMMITEE SPEED LIMIT BYLAW – CHANGE TO SPEED LIMITS Report prepared by: Peter Dine, Infrastructure Business Manager Report reviewed by: Stavros Michael, General Manager Infrastructure Report approved by: Geoff Williams, Chief Executive


The purpose of the report is to consider and set speed limits on Hamurana Road in accordance with the bylaw “Setting of Speed Limits.”

2. TE TUHINGA WHAKARĀPOPOTOTANGA EXECUTIVE SUMMARY

At the Council meeting held on Thursday 28 June 2018 the Council resolved “That the speed review proposal for Hamurana Road, from SH36 to SH33, be returned to the Strategy, Policy & Finance Committee for reconsideration” Officers have reviewed the process, and had further discussion with the Rural Lakes Community Board, as well as the Hamurana and Awahou Ratepayers and Residents Association. They both support the recommendation.

Speed limits are set in accordance with the Land Transport Rule “Setting of Speed Limits 2017”, (the Rule) and is seen as a key tool in the Government strategy in addressing safety issues on roads. Consideration of public opinion, and in particular specific parties which under the Rule must be consulted, forms a key part of implementing the new Rule. The recommendations of this report for the Committee to consider changes to speed limits are based on the original assessments of speed environment, actual measured speeds and feedback from both submissions and hearings.

3. TŪTOHUNGA RECOMMENDATION 5:

1. That the report ‘Speed Limit By-Law – Changes to Speed Limits’ be received.

2. That the Committee recommends to Council that changes to speed limits on the following road are made in accordance with the requirements of the rule “Setting of Speed Limits 2017”.



Road Location Current speed limit

Staff Recommendation

Hamurana Road SH36 to Fryer Road Fryer to Kaska Road Kaska To Te Waerenga Road Te Waerenga to Wilsons Bay Wilsons Bay Section Wilson Bay to Marama Point Marama Point to SH 33

80km/hr 70km/hr 80km/hr 100km/hr 70km/hr 100km/hr 70km/hr

80km/hr 60km/hr 60km/hr 80km/hr 60km/hr 80km/hr 60km/hr


The new rule ‘Setting of Speed Limits 2017’ is part of the Government’s Safer Journeys Strategy which is aimed at reducing the number and severity of crashes on NZ roads. The new rule allows for greater flexibility in setting of speed limits and in particular allows for the posting of limits that are in line with the actual speeds, and more consideration of public opinion. RLC has assessed Hamurana Road under the new rule. The considerations taken into account to assess recommended speeds include:

Current posted speed limit.

Current operating speed – actual speeds.

Safe and appropriate speed.

Speed management theme.

Roadside environment – degree of development.

Adjoining road network – avoid multiple changes.

One network road classification – function of road.

Public feedback both written and from hearings. 5. TE MATAPAKI ME NGĀ KŌWHIRINGA DISCUSSION AND OPTIONS

The process to change the speed limit has been undertaken in accordance with the LGA special consultative procedures, however Council at the 28th June meeting withdrew approval for Hamurana Road. The withdrawal was based on concern that the final recommendation was different to that that had been consulted on. It is noted that on some other roads included in the council approval on 28th June were different to what had been consulted on. Following consultation and consideration of all views Council can approve a speed limit different to the original consultation. The staff recommendation is based on implementation of the Land Transport Rule, a significant emphasis on actual speeds and consistency, the particular submission of NZTA who will not support a 70km/hr limit with modifications based on submissions to set a safe and appropriate speed. The options available to the Committee are: a) Recommend to Council the adoption of recommendation 2.2 b) Change the recommendation c) Re-consult the public on Recommendation 2.2



Written Submissions In general written submissions supported lowering of speed limits, in line with the original recommendation of staff. The individual submissions relating to Hamurana Road, and its side roads are included as attachment 3. A summary table is below:

Road Support Lowering speed Do not support lowering speed

Hamurana Road 22 1

Te Waerenga Rpad 7 0

Verbal Submissions One submission was presented to the hearing specifically on Hamurana Road and that supported lowering speed limits The submission of NZTA was more general and they supported the lowering of speed limits, and made it clear they would not support a 70km/hr limit at any location. The Land Transport Rule in fact requires that 70km/hr limits are phased out over time. As NZTA retain the right in the Rule to over-rule a Council decision, staff recommendations have avoided the use of 70km/hr. Compliance The Rule requires traffic to be generally compliant with posted limits. Some additional information of current travel speeds are provided in the table below:

Site Speed Limit km/hr Actual recorded speed km/hr

Current Proposed Average 85th percentile

Fryer To Kaska 70 60 74 78

Kaska to Te Waerenga (Eastbound)

80 60 74 78

Kaska to Te Waerenga (westbound)

80 60 75 80

Te Waerenga to Wilson (eastbound)

100 80 86 91

Te Waerenga to Wilson (westbound)

100 80 84 89

Table 1 Measured Speeds 85th percentile measures the speed at which 15% of vehicles exceed Actual speeds in the existing 100km/hr section are in line with recommended speed limits. For the sections where 60km/hr is proposed, some behaviour change will be necessary and if approved as recommended then some additional and/or repeat signage will be installed along the road. Follow up speed monitoring will be undertaken to check compliance and if necessary further measures implemented. Such follow up speed monitoring will be useful to measure behaviour change for future changes particularly to existing 70km/hr zones that NZTA expect to be phased out.




The decisions or matters of this report are not considered significant in accordance with the council’s Significance and Engagement Policy.

7. NGĀ KŌRERO O TE HAPORI ME TE WHAKATAIRANGA COMMUNITY INPUT/ENGAGEMENT AND PUBLICITY

The speed limit review has been subject to public consultation in accordance with the process required under the LGA.


8.1 He whaiwhakaaro mahere pūtea Financial/budget considerations

There are no significant financial costs to the setting of speed limits. New signage will be required. For threshold type signage the cost is relatively high, and this will be included in operating budgets. Any future engineering intervention to mitigate speeds over some sections would be prioritised under the Minor Safety Improvements programme. This is not expected to be significant as proposed limits are generally in accordance with actual speeds.

8.2 Kaupapa here me ngā hiraunga whakariterite Policy and planning implications

Speed management is a key road safety issue directly aligned to National, Regional and Local strategies and a key outcome required under the Asset Management Plan. It is also directly aligned with 2030 outcomes and in particular: a) Resilient Community. b) Enhanced Environment

8.3 Tūraru Risks

This is a core function of Council. Diverse community views may result in some negative perception, despite widespread community consultation. Given that the proposed changes were supported by submitters programme the overwhelming conclusion is general support for the strategic outcome of improved road safety.

8.4 Te whaimana Authority

The Authority to approve this decision is with Council.



9. TE WHAKAKAPINGA CONCLUSION

Proposed changes to speed limits on some roads have been evaluated in accordance with the ‘Setting of Speed Limits 2017’ rule under the Land Transport regulations, and consultation including the hearing process is complete. Council in its consideration of these recommendations may make changes to staff recommendations. Setting of final speed limits by Council is subject to oversight by NZTA who retain the authority to require Council to justify any decisions made under this rule. While NZTA retain this authority it is believed the process has been sufficiently rigorous, and NZTA’s submission taken into account, this would seem unlikely.


Attachment 1: Site summary Attachment 2: Verbal submission summary Attachment 3: Written submissions (available in Stellar Library)





Verbal submission summary

Samantha White Hamurana Road between the Tauranga turn-off and the state highway. Supported reduced speeds in Hamurana, Awahou and Mourea settlements. The volume of traffic has increased noticeably in the last 10 years.

Niclas Johansson NZTA

Mr Johansson spoke in support of NZTA’s submission, and highlighted:

NZ has a high rate of road trauma.

NZTA is trying to phase out 70km limits - support either 60km or 80km instead (guidelines available to determine which).

Council is not bound to sticking to 70km just because that is what was consulted on – still have the option of choosing 60km or 80km.

NZTA is focussing on areas of death and serious injury initially, but has a long-term plan to eradicate 70kph limits.

NZTA offer technical support and data to assist deliberations. Peter Dine confirmed that a mix of 60kmp and 80kph could be introduced along Hamurana Road. Mr Bunting clarified:

that Council can change speed limits, but if NZTA doesn’t agree the speeds wouldn’t be enforceable by police.

Has preliminary work to Unless it is very close to an open road it is very costly to do ‘engineer up’ roads to allow for an increase to an 80pkh limit.



File No: 01-15-227 RDC-840746

ROTORUA LAKES COUNCIL Mayor Chairperson and Members STRATEGY, POLICY & FINANCE COMMITTEE RATES REVIEW PROCESS

Report prepared by: Jean-Paul Gaston, Group Manager Strategy Report reviewed by: Oonagh Hopkins, Manager Corporate Planning and Governance and

Thomas Colle, CFO/Group Manager Business Support Report approved by: Geoff Williams, Chief Executive

1. TE PUTAKE

PURPOSE This report is intended to detail the initial process and timing commitments for the proposed rating review.

2. TE TUHINGA WHAKARĀPOPOTOTANGA EXECUTIVE SUMMARY During the election and preparation of the LTP a number of councillors and community board members requested that a full rating review be undertaken. The timing of a rating review is just as important as the actual review itself. Care is needed to avoid undertaking a rating review at the time of a revaluation or during the Long-term Plan development. A rating review during this time will upstage the purpose of the Long-term Plan, that being to have the right debate with the community about the issues, challenges and direction for the next ten years. Based upon this it was decided to look at undertaking a rating review once the revaluation and Long-term Plan were completed. A rating review is a review of the allocation of rates and what share of the rates each ratepayer should pay. It is not a review about how much should be collected in rates. The amount of the rates income required is the result of the budgeting process, the outcome of which has been the recent adoption of the 2018-2028 Long-term Plan. A rating review will not reduce the amount of rates paid overall. Again this is part of the budgeting process.



3. TŪTOHUNGA

RECOMMENDATION 6:

1. That the report ‘Rates review process’ is received.

2. That the Committee adopts the rates review process, timeframes and workshop dates.

4. TE TĀHUHU

BACKGROUND Council undertook a major rates review a number of years ago and made the change from land value to capital value as the basis for rating within the district. Council has progressively removed or, in the case of the business differential, significantly reduced the differentials that were used to correct imbalances/deficiencies within the land value allocation e.g. farm land values. During the election and preparation of the LTP a number of elected members and Community Board members requested that a full rating review be undertaken. The timing of a rating review is just as important as the actual review itself. Care is needed to avoid undertaking a rating review in a revaluation or Long-term Plan development as the right debate gets upstaged by the conversation of rate. Based upon this it was decided to look at undertaking a rating review once the revaluation and Long-term Plan were completed.

5. TE MATAPAKI ME NGĀ KŌWHIRINGA DISCUSSION AND OPTIONS Rates are a property tax allocated on either capital or land value that provides funding for a Local Authority to deliver a community defined set of assets (capital projects) or services. User charges are also used where a private benefit has been identified. In addition, where a service is excludable, targeted rates are considered eg. water supplies. The Rotorua Lakes Council has, in the past, used targeted rates principally for infrastructural services. Where concerns have been expressed as to the fairness of rates, they predominantly focus on the use of services or availability. While valid, to a degree, these views need to be balanced with the central taxing principles of the rating act. In order to establish what type of review needs to be undertaken the problem/s to be addressed must first be identified. This will determine whether a first principles rating review or an amendment review is needed. Secondly setting the principles that will underpin the rating review need to be identified and committed to by all elected members. It is recommended that the proposed rating review process be built around three phases.

5.1 Rating review process Discovery

Part 1 - Completion of a ground-truthing report detailing rates distribution by property type, deprivation, household incomes, uptake of the rates rebate scheme, renter versus owners proportions etc.



Part 2 - a series of focus groups that cover a range of key community sectors and existing rating categories (urban, rural residential, lakes communities, farming, commercial, industrial etc). Within the focus groups the existing rating framework will be explored and the legislation/rules around rating demystified. The focus groups will then work upon providing feedback and experiences on what the perceived problem/s are. Evaluation Analysis and reporting back of the focus group feedback. Along with the feedback development of a set of principles that underpins a rating review and of course setting what type of review will be undertaken.

Options

Based on the established problem/s and principles consideration of the options and the resulting implication of the options.

5.2 Focus group methodology

Focus groups are a way to pre-engage with groups within the community that may then help to gain the understanding and information needed to define the purpose of a rating review. It is proposed to run focus groups that cover a wide range of stakeholders from within the existing rating categories for example:

Rural residential sector

Rural villages

Farming

Lakes communities

Urban –(could be broken down into areas)

Industrial

CBD

Commercial

Accommodation (hotel, motels, home-based)

Older persons

Younger people (eg first home buyers, renters etc )

Maori business

Land trusts

Multiple owned Maori land

Marae In order to hear from a wide range of the community and those that do not typically engage with council it is proposed to invite people to register their willingness to participate in a focus group. The aim would be to have around 10 people per focus group.

5.3 Elected member participation For a rating review to be successful commitment from elected members is essential. It is anticipated that the focus groups will be a mechanism for the community to feedback their perceptions and therefore will be led by staff. Elected members participation is essential in the workshops that will traverse the feedback from the focus groups, identify the problem/s, set the objectives, consider the options and finally lead the consultation if and when a change in rates is to be proposed.



Timing of workshops is important to ensure progress and consistent involvement of elected members. It is proposed that review workshops will be undertaken by the members of the Strategy, Policy & Finance Committee (in confidence) prior to the monthly committee meetings. These workshops will commence in the September round of meetings. On this basis, workshops will run from 9-11am with the normal committee meeting to follow at 11.15am. Workshops may be required in February and any proposed changes to the rating framework will need to be included as an LTP amendments as part of the annual budget process. Other elected board/TTOTA members can attend workshops. The workshops are confidential to allow for full discussion by members of all options/ideas without it being misconstrued as an end policy position. At this stage, Officers recommend that the scope be limited to the rating allocation mechanisms only. All other issues raised can be held and may guide subsequent pieces of work. There proposed focus is therefore identified as:

In scope Out of scope (may be referred for subsequent review)

Rating revenue allocation (all mechanisms and targeted rates)

User charges

Sustainable development contributions policy

Remission policy

Multiply owned Maori land remission policy


The decisions or matters of this report are considered significant in accordance with Council’s Significance and Engagement Policy.

As a significant decision or matter, the Council must apply greater diligence to the decision making requirements of the Local Government Act 2002 section 76-82. This includes, but is not limited to, the degree to which different options are identified and assessed and the extent to which community views are considered, including whether consultation is required. Preliminary ‘discovery phase’ work is intended to collect initial issues/concerns with the current rating framework. This will allow the Council to consider a number of options. Formal and district wide consultation will be undertaken as part of the Annual Plan process if changes to the existing rating framework are considered appropriate.

7. NGĀ KŌRERO O TE HAPORI ME TE WHAKATAIRANGA

COMMUNITY INPUT/ENGAGEMENT AND PUBLICITY The initial discovery phase is intended to build on a level of understanding within Council on the potential issues / concerns within the rating framework. The proposed focus groups are intended to ensure all perspectives of ‘fairness’ are identified to support initial councillor/member workshops.



Specifically, focus groups will be intended to ensure coverage for:

Te Arawa / Maori – iwi entities, marae and multiply owned Maori land

Rural residents – villages, lifestyle, farming and agribusiness

Lakes residents – villages, lifestyle, farming

Business – industrial, commercial, CBD, accommodation

General – renters, ratepayers and older persons. 8. HE WHAIWHAKAARO

CONSIDERATIONS

8.1 Mahere Pūtea Financial/budget considerations If it is established that a rating review will be undertaken there are potential significant costs involved. Setting/changing rates requires the council to do so in a lawful way. Lawyers specialising in rating frameworks will need to be engaged to ensure that the outcomes are being done in a lawful way. The initial phases are expected to be minimal (less than $10,000) to cover preparations of focus group collateral and limited catering. All costs will be sources from existing budgets.

8.2 Kaupapa Here me ngā Hiraunga Whakariterite Policy and planning implications The process detailed in this report is consistent with Council’s existing policies.

8.3 Tūraru Risks No risks are identified for this report.

8.4 Te Whaimana Authority The Strategy, Policy and Finance Committee have the delegation to undertake the rating review and to make recommendations to Council.

9. NGĀ ĀPITIHANGA

ATTACHMENTS Attachment 1: Local Government (Rating) Act 2002 summary information



Attachment 1: Local Government (Rating) Act 2002 summary information

Local Government (Rating) Act 2002

The Local Government (Rating) Act 2002 (LGRA) provides councils with powers to set, assess and collect “rates” to fund local government activities. These rates are locally-set property-based taxes.

Purpose of the Act Constitutional Principles Key Elements of the Act

Purpose of the Act

The Local Government (Rating) Act 2002 (LGRA) provides councils with powers to set, assess and collect rates to fund local government activities. There are three main purposes of the LGRA –

To provide local authorities with flexible powers to set, assess, and collect rates. To ensure rates reflect decisions made in a transparent and consultative manner. To provide for processes and information to ensure ratepayers can identify and understand

their liability for rates.

One of the prime objectives of the LGRA is to establish clarity, certainty, and stability in rating matters.

Mechanisms are set out in the LGRA to allow local authorities to raise revenue from the community generally, specified groups or categories of ratepayers, and those who use or generate the need for particular services or amenities.

Constitutional Principles

The rating of land is a non-arbitrary coercive tax. Ultimately, defaulting ratepayers can lose their property. It is important, therefore, that policies and processes associated with all aspects of rating are subject to transparency and accountability.

Key Elements of the Act

The unit of liability for rates is the rating unit. It is based on the concept of ownership – where, in particular, 1 certificate of title = 1 rating unit. Valuation rules allow for exceptions and oddities, as not all land in New Zealand has a certificate of title. There may, for example, be some other form of instrument that establishes ownership. The framework for the Valuer-General’s rules is spelled out in legislation.

Liability for rates rests primarily with the owner. Bearing in mind that the rating unit is based on the concept of ownership, there is a direct link to the owner. There are, however, a few exceptions

http://www.localcouncils.govt.nz/lgip.nsf/wpg_URL/Policy-Local-Government-Legislation-Local-Government-(Rating)-Act-2002#PurposeOfTheAct

http://www.localcouncils.govt.nz/lgip.nsf/wpg_URL/Policy-Local-Government-Legislation-Local-Government-(Rating)-Act-2002#ConstitutionalPrinciples

http://www.localcouncils.govt.nz/lgip.nsf/wpg_URL/Policy-Local-Government-Legislation-Local-Government-(Rating)-Act-2002#KeyElementsoftheAct



and transition provisions related to some leases. There are also variations in relation to multiply-owned Māori freehold land.

How properties are rated is a local authority policy matter. Decisions on which rating tools are selected, and how they are applied, are left up to individual councils.

General rates can be based on land value, capital value, or annual value – with or without differentials. The Uniform Annual General Charge (UAGC) can be applied per rating unit or per separately used or inhabited part of a rating unit.

Differentials can be based on –

Property value. Location. Area. Use. Activities allowed for under the Resource Management Act.

Targeted rates are designed to fund a function or group of functions. The funding can be from a specified group of ratepayers, and can be set on all rating units or on particular categories. They are very flexible tools. Factors which can be used for calculating targeted rates are –

Land value. Improvement value. Capital value. Annual value. Total land area. Area of land, paved, sealed or built on. Area of land protected. Area of floor space of buildings. Number of connections. Number of water closets and urinals. Number of separately used/inhabited parts. Extent of provision of services.

There is special provision for targeted rates for water supply based on metered consumption.

Remissions and postponements can be on any property, to any extent, and for any reason – provided the local authority has adopted policies following consultation. A rates remission policy, under the LGA, must state the objectives to be achieved and the conditions and criteria for remissions.

There is a clear link between processes for assessing and invoicing rates, with the objective of transparency and accountability – particularly the need for ratepayers to understand their liability for rates.

For more information on this act please go to www.legislation.govt.nz.

http://www.localcouncils.govt.nz/lgip.nsf/wpg_url/Resources-Glossary-Index#LandValue

http://www.localcouncils.govt.nz/lgip.nsf/wpg_url/Resources-Glossary-Index#CapitalValue

http://www.localcouncils.govt.nz/lgip.nsf/wpg_url/Resources-Glossary-Index#AnnualValue

http://www.legislation.govt.nz/act/public/2002/0006/latest/DLM131394.html?search=ts_act_Local+Government+(Rating)+Act+2002_resel&p=1&sr=1

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STRATEGY, POLICY & FINANCE COMMITTEE... · The Mayor asked that ouncil support the Lynmore Primary School science students art work, to be displayed in Council Galleria, as their