Agenda of Māori Consultative Committee

Māori Consultative Committee - 13 August 2019 - Open Agenda Item 1

New Items for Māori Consultative Committee

1. Naming of Parent Room Facility

Type of Report:	Operational
Legal Reference:	N/A
Document ID:	793811
Reporting Officer/s & Unit:	Jessica Wilson, Community Advisor

1.1 Purpose of Report

To advise on the progress of the parent room facility and to identify a range of options for naming the facility.

Officer’s Recommendation

The Māori Consultative Committee:

a. Consider the feedback on the name options and provide advice on an appropriate name.

Chairperson’s Recommendation

That the Council resolve that the officer’s recommendation be adopted.

1.2 Background Summary

Following requests from the community, a temporary parent room was incorporated into the Marine Parade toilets next to the i-SITE. However, Council continued to receive requests for a facility in an inner city location. Council officers were asked to investigate the establishment of a parent room in Napier’s CBD as an interim measure until a new Library is constructed.

The parent room will be modelled on other parent rooms and is primarily for parents and caregivers of babies and children under five years. The facility will provide a quiet space in which to change and clean young children, feed and keep toddlers occupied while attending to younger children.

Several sites were investigated, including Council owned buildings. The investigation has resulted in a preferred site, being a shop within Ocean Boulevard for which a lease agreement is currently being negotiated.

Complimentary approaches to a parent room are also being considered including:

· partnering with businesses to support them to be child-friendly

· promoting ‘child-friendly facilities’ (including an audit that rates cafes and retailers on their child-friendliness e.g pushchair access, baby change facilities etc)

· upgrading Council facilities e.g toddler toilets, change tables etc.

The parent room facility is expected to open later this year and an appropriate name is now required ahead of promoting the facility.

1.3 Issues

The temporary parent room is not well utilised and we continue to receive requests for a facility in a more central location.

1.4 Significance and Engagement

Interest in parent facilities is high. In a recent survey people told us there is a lack of changing facilities and feeding facilities in Napier CBD (289 surveyed). There was high support for a parent room and more child-friendly facilities in the city.

Three naming options have been tested with affected parties including the Hawke’s Bay Parents Centre and Plunket through email and Facebook. A summary of the responses is included in the Development of Preferred Option section of this report. Further feedback is also being sought through local kōhanga and early childhood education centres.

1.5 Implications

Financial

This project has been budgeted for as follows: Year 1 - $50,000 ($20k capital and $30k operational costs), Years 2 and 3 - $30,000 per annum for operational costs. Operation costs include lease costs and the cleaning / management costs. Any additional capital required will be sought through Council.

Social & Policy

N/A

Risk

The parent room could be used by people for other purposes e.g. rough sleepers, storing gear or sleeping. When this occurred at the temporary facility, it was resolved by directing the CBD patrols to manage the situation.

1.6 Options

The naming of the parent room facility offers the opportunity to recognise the uniqueness of the space. The following options have been identified by the project team and the Council Kaumātua:

a. Parent Room – Whare Mātua

This name is universally recognised, and deemed as an appropriate option however it is not inclusive of caregivers.

b. Te Kōhanga Atawhai – Children’s Nursery

This name was identified by Council Kaumātua Piri Prentice and translates to ‘caring for children’.

c. Baby Space – Wāhanga Kōhungahunga

This name was identified by the project team and offers a simple description of the facility.

1.7 Development of Preferred Option

The name should reflect the purpose of the facility, be memorable and easy to translate into a brand, and provide a sense of welcoming for users. All of the options meet these criteria.

Summary of responses

Testing the naming options with affected parties offered an opportunity for respondents to select their preferred option, make comments and suggest alternatives for naming.

Option

parent’s

room.

whare mātua

te kōhanga

atawhai.

children’s nursery

baby

space.

Wāhanga kōhungahunga

No. of responses

The feedback was helpful in understanding what is important to users around naming this facility. Only one person was in favour of ‘parents’ room’ and commented “I don’t feel the other options explain what it is – I wouldn’t use them based only on a sign”, while other feedback on this option included “excludes guardians or other members using the space”.

A number of people were interested in ‘Te Kōhanga Atawhai ‘, as a name and strong support for Te Reo being used with comments including “Great news, so needed. I vote the Te Reo name” and “definitely in Te Reo, but the word nursery is a terrible description”, other feedback also included “feels to close to Kōhanga Reo and therefore could be confusing”.

‘Baby space’ had the majority vote with comments including “Cool! Baby space sounds nice’ however, other comments included “seems to be too much emphasis on ‘baby’ when it would also be for toddlers”.

Overall, the comments received suggest that the naming options are not reflective enough of the space, that the name needs to explain what the facility is intended for and that the name needs to be inclusive of all young children and those caring for them.

Alternatives for naming

Those who provided feedback have made the following naming suggestions:

· Te Āhuru Mōwai - The Sanctuary or The Calming place. – “Te Āhuru Mōwai is not only a literal translation of Sanctuary but it is also used metaphorically in a lot of ways. A mother or grandmother could often be called an Āhuru Mōwai for their child. Not only is it the space, but other parents can also be Āhuru Mōwai for someone (in the moment they are present). This may even be encouraged, with small information signs or posters to generate that WAIRUA within the space, which will hopefully foster community connectedness and promote resilience to an extent. During times of shopping and running around its always good to have that Āhuru Mōwai to replenish the mauri.”

· The Whāngai Room – this translates as “to nourish, feed, bring up, and care for - and is a word that can represent the guardian as well as the direct parent”.

· The Korowai Room – this translates as “to symbolise the enfoldment – cocooning of care, warmth, provision”.

· Parent and children’s space – identified as being more reflective of the space.

· Parents and caregivers space – identified as being more reflective of the space.

This report seeks feedback on the name options and advice on an appropriate name to take to Council for ratification.

1.8 Attachments

a Parent room name design mock ups ⇩

Māori Consultative Committee - 13 August 2019 - Open Agenda

Reports from standing committees

Māori CONSULTATIVE COMMITTEE RECOMMENDATION

That the Māori Consultative Recommendations arising from the discussion of the Committee reports be submitted to the Council meeting for consideration.

Reports from Regulatory Committee held 23 July 2019

1. Adoption of the Draft Stormwater Bylaw 2019 for Public Consultation

Type of Report:	Legal and Operational
Legal Reference:	Local Government Act 2002
Document ID:	772829
Reporting Officer/s & Unit:	Cameron Burton, Manager Environmental Solutions Kim Anstey, Planner Policy/Analyst

1.1 Purpose of Report

To seek Council approval of the draft Napier City Council Stormwater Bylaw 2019, the accompanying Statement of Proposal and to authorise officers to commence the special consultative procedure for adopting the bylaw.

Committee's recommendation

Councillors White / Hague

The Regulatory Committee:

a. Confirm, in accordance with Section 155 of the Local Government Act 2002, that a Stormwater Bylaw is the most appropriate way of addressing the issues of:

i. Protection of the public stormwater system, and the land, structures, and infrastructure associated with that network from damage, misuse or loss.

ii. The ability to manage the development, maintenance and use of the public stormwater network, and the land, structures, and infrastructure associated with that network, and provide for the conditions on which connections to the public stormwater network may be made or maintained.

iii. Ensuring that discharges into the public stormwater network are appropriately managed, and do not damage the network or compromise the Council’s ability to comply with any applicable network discharge consent and Council’s water quality targets.

b. Approve the review of the Draft Napier Stormwater Bylaw 2019 and the Statement of Proposal, and;

c. Authorise Officers to proceed with public notification and the special consultative procedure as prescribed in the Local Government Act for adopting a bylaw.

Councillor Tapine Abstained

Carried

1.2 Background Summary

Napier City Council first adopted a Stormwater Bylaw on 12 December 2012. At this time, Council determined under Section 155 of the Local Government Act (LGA) that a bylaw was the most appropriate way of addressing the issue of stormwater contamination and the issue of unlawful damage or alteration to our network. Council is required to confirm this determination at each bylaw review.

The bylaw is a key tool to assist Council in adhering to Stormwater Discharge Permit Conditions issued by the Hawke’s Bay Regional Council. The current bylaw has given Council the ability to:

· Control the discharge of contaminants into the stormwater network

· Require the use of the network for the drainage of stormwater only

· Protect the network from damage or unauthorised alteration

The bylaw is due for its first review which has provided us with the opportunity to address some of the limitations with the current bylaw. Under Section 86 of the Local Government Act 2002, to amend, revoke, or replace a bylaw, a Territorial Authority is required to use the special consultative procedure as stipulated in Section 156.

1.3 Issues

The Environmental Solutions team have been administering the bylaw to assist with requiring ‘at source’ pollution control for industrial sites that have been deemed high risk under the bylaw. This work is essential for ensuring Council is able to comply with Stormwater Network discharge permit conditions. The team have determined the following limitations of the bylaw in its current form:

a) There is no ability for Council to require non-high risk sites, with substandard operating procedures, to provide a Pollution Prevention Plan (a management plan demonstrating how contaminants will not enter the Council controlled stormwater network). It is sometimes bakeries and other seemingly innocuous activities (typically not defined as high risk sites) that are the worst offenders for discharging contaminants into the stormwater network. Council requires greater control to be able to manage these discharges from all sites, not just those deemed high risk.

b) There is limited power to recover costs for pollution control work from sites whether they are considered high risk, or not. Currently, cost recovery is only possible from laboratory analysis of an event occurring from sites that are high risk that have a Pollution Prevention Plan. If high risk sites do not have a plan, or a site is deemed low risk, Council is unable to recover costs.

c) The current bylaw primarily relates to the control of construction activities through reliance on the Code of Practice for Subdivision and Land Development and is therefore not currently capturing all possible risks to the network. The reviewed bylaw provides additional tools for managing construction activities, for example through the control of sustained excessive loads on the network, such as what may be experienced through earthworks.

The review of the bylaw has been undertaken with solutions to these issues at the forefront, and with particular emphasis on addressing HBRC concerns around the discharge of contaminants from NCC networks.

1.4 Significance and Engagement

Community engagement and feedback on the draft will be undertaken in accordance with the following sections of the LGA:

a) Section 82 - Principles of Consultation;

b) Section 82A - Information requirements for consultation required under this Act;

c) Section 83 - Special Consultative Procedure.

In following these requirements, Council will identify those who will or may be affected by, or have an interest in, the decision. The following groups have been identified:

· All properties owners in Napier’s Industrial zones

· Hawke’s Bay Territorial Authorities (HBRC, HDC)

· Iwi Authorities, mana whenua groups

· Department of Conservation

· Forest and Bird

· Ahuriri Estuary Protection Society

The general public will be notified by the usual communication channels (dedicated website page, facebook alerts, news item, press release, public notice)

The approval of the draft bylaw and statement of proposal will trigger the beginning of the special consultative procedure. Below is a summary of the steps and estimated timeframes for this process:

Step	Timeframe
Prepare a statement of proposal which must include; a draft of the proposed bylaw, the reason for the proposal, and a report on any relevant determinations by the local authority. A copy of the Statement of Proposal is *attached* to this report.	Completed
Council adopts the statement of proposal and draft Stormwater Bylaw for consultation.	20 August 2019
The statement of proposal is publically notified, along with the method for submitting and the submission timeframe (being not less than one month).	September – October 2019
A public hearing takes place to hear any verbal submissions, Council deliberates and makes a final decision, with or without amendments to the Bylaw arising from submissions.	November 2019
Public notice of adopted bylaw.	December 2019

1.5 Implications

Financial

The legal fees incurred during the review, and the costs associated with consultation on the draft bylaw will be met through existing operational budgets.

Social & Policy

The review of the Stormwater Bylaw has provided an opportunity to strengthen our ability to manage pollution ‘at source’. The reviewed bylaw will give us the mechanism to assist Council in:

· achieving Council’s significant aspirations and visions toward environmental excellence;

· Support our efforts throughout the organisation to improve the Ahuriri Estuary in line with the Ahuriri Estuary and Coastal Edge Master Plan;

· Enable tighter controls on contaminants entering our stormwater network, the protection of the public stormwater system for damage and misuse, and provide for the conditions on which connections to the network can be made;

· Aligning with the community’s desire to see better water quality outcomes from the stormwater and drainage water conveyed through our stormwater and urban waterways networks;

· Provides greater leverage to enable Council to meet resource consents held by Hawkes Bay Regional Council and Napier City Council, and the expectations of the soon to be notified TANK Plan change.

The status quo has not been effective in controlling the discharge of contaminants from the Council controlled stormwater network. The updates to the Stormwater Bylaw will be quite a significant change to those individuals and/or companies who have been historically complacent relaxed with the level of contaminants discharged in their stormwater in the past. The new bylaw will apply to all industrial users and override any existing use rights where contaminants are entering into the network.

Community engagement and feedback is required to ascertain the community’s desire to achieve a balance between striving for the greater environmental good versus the inconvenience and cost to industries that will be required to treat pollution at source, before it enters our network and is discharged into a receiving environment.

Risk

The risks associated with this report include Council not adopting the draft bylaw for public consultation at this meeting. This could result in the legislative timeframes for this review not being met, and a revoke of our Stormwater Bylaw 2012.

1.6 Options

The options available to Council are as follows:

a. Retain the current bylaw.

b. Adopt the reviewed bylaw as the most effective way of dealing with the perceived problem, resolve to notify the draft reviewed bylaw for public consultation and feedback and authorise officers to proceed with public notification through the special consultative procedure prescribed in the Local Government Act 2002.

1.7 Development of Preferred Option

For the reasons outlined above, Officers recommend that Council supports options b. Retaining the current bylaw without review would mean we are not meeting our legal obligations under the Local Government Act and our environmental obligations under the Resource Management Act 1991.

At the Meeting

The Manager Environmental Solutions spoke to the report, noting that the proposed Bylaw addresses limitations in the current 2012 version. Previously Council was only empowered to act against high risk industries, but industries classed as medium or low risk can have unexpected issues, and without proper planning there could be contaminants from these sites going into the stormwater network.

It was noted that Bylaws can be difficult to enforce. Education will be the first tool used; where education is not effective the Bylaw can be used for enforcement through the Local Government Act. Council collaborate with the Hawke’s Bay Regional Council for big spill events which occur in the environment beyond Council’s stormwater network; under the Resource Management Act they have the ability to issue instant fines, prosecute, and to issue abatement notices to ensure compliance of both industrial operators and city residents.

There has been improved communication with the Regional Council and the stormwater education campaign has been a joint effort.

There was some discussion as to the best way to approach consultation for this Bylaw; councillors supported direct engagement with particularly affected business as part of the wider consultation.

The reviewed Bylaw will enable requirement of environmental management plans to be at the discretion of Council, for example at risk areas like the hard stand areas near the inner harbour or estuary. Further, any costs of Council to rectify a spill into the stormwater network can be passed onto the polluter rather than the rate payer as was previously the case.

1.8 Attachments

a Statement of Proposal, including Draft Stormwater Bylaw 2019

Māori Consultative Committee - 13 August 2019 - Open Agenda

2. Delegation to Chief Executive to Approve Liquor Bans for Large Events

Type of Report:	Legal and Operational
Legal Reference:	Local Government Act 2002
Document ID:	747876
Reporting Officer/s & Unit:	Rachael Horton, Manager Regulatory Solutions

2.1 Purpose of Report

The purpose of this report is to request delegated authority to be granted to the Chief Executive to allow for temporary liquor bans to be imposed during large events.

Committee's recommendation

Councillors Taylor / White

The Regulatory Committee:

a. Approve the request to grant delegated authority to the Chief Executive to allow for temporary liquor bans to be imposed for large events.

Carried

2.2 Background Summary

Temporary liquor bans are used to help control alcohol related behaviour in areas surrounding large events, such as concerts and festivals. The ability to apply temporary liquor bans is provided in clause 4 of the Napier City Public Places Liquor Control Bylaw 2014 (the Bylaw):

“From time to time additional areas may be designated as a Specified Public Place for particular time periods, related to specified events or times of the year. Where additional areas are so designated, a minimum of 14 days public notice shall be given prior to the event or particular time of years, specifying the additional areas, and the period when the specification applies. Public notices shall also be affixed in or adjacent to the additional specified public place(s) at such times that the liquor control applies.” [Extract]

Under the current bylaw, temporary liquor bans have not been delegated to the Chief Executive, yet the authority to waive a liquor ban or grant a licence to enable the possession and consumption of alcohol for special events has been delegated to the Chief Executive or his/her nominated officer.

The Chief Executive is seeking the delegated authority to impose temporary liquor bans to help manage anti-social behaviour in the areas surrounding large events, such as concerts and festivals.

Why is the delegation required?

Large scale events such as concerts and festivals often include the sale and supply of alcohol. The reason for applying for a temporary liquor ban is to ensure public safety by prohibiting event attendees from consuming alcohol in the surrounding areas when commuting to and from the event venue.

Large events require the application of a Special Liquor Licence to allow for the sale and supply of alcohol by the event organisers for the duration of the event. There is a legislative timeframe to apply for this licence, being 20 working days prior to the event taking place. This is generally the trigger for considering whether it is necessary to impose a temporary liquor ban for the areas surrounding the event.

Many applications for Special Liquor Licences are not received until right up to the 20 working day timeframe, which is insufficient time for Officers to submit a report to Council to seek approval for a temporary liquor ban.

Delegating this to the Chief Executive will ensure:

· timely processing of temporary liquor ban applications

· sufficient public notice is given as required under the bylaw

· legislative timeframes are kept for the processing of Special Liquor Licences

2.3 Issues

Some large events host over 10,000 guests with Police reporting alcohol-related behaviour on the streets and private properties around the event venue. This behaviour also includes littering of glass bottles and cardboard in and around the area.

Liquor bans are enforced by Police under sections 169 and 170 of the Local Government Act 2002. It is Police preference that a temporary liquor ban be put in place in the areas surrounding large events to allow for enforcement action where necessary.

2.4 Significance and Engagement

The Bylaw requires public notification of a temporary liquor ban at least 14 days before the event. Public notices are also required to be published in the newspaper and displayed at all major entry points to the designated Specified Public Place and.

2.5 Social & Policy

Temporary liquor bans align with the objectives of the recently adopted Joint Alcohol Strategy, particularly Objective 2: Foster safe and responsible events and environments.

Liquor bans reduce the level of anti-social behaviour and assist Police in ensuring a safe environment for patrons and residents in the surrounding streets.

At the Meeting

The Manager Regulatory Solutions spoke to the report, advising that it is proposed that delegated authority be provided to the Chief Executive (CE) to impose temporary liquor bans for practical reasons. Requests often come with an application for a special liquor licence which need to be acted on within a 20 day period; the Council meeting cycle does not always conform to that timeline. The CE already has the delegated authority to temporarily suspend a liquor ban.

The temporary liquor bans imposed by the CE will be advised to the Council via the quarterly report.

If the CE is not available the delegated authority would move to the acting CE. Applications for special liquor licences go to the District Licencing Committee.

It was noted there is no appeal process in place for declined applications.

In response to questions from councillors it was noted that Council doesn’t have control over the waste created by special events; it is the responsibility of the event organisers to submit a waste management plan, and organise private contractors to remove waste. While there is an action captured in the Waste Management and Minimisation Plan (WMMP) to work with the community and event organisers to facilitate better recycling and food and beverage packaging at events, an event application cannot be declined due to an insufficient waste management plan; Council can only educate and advise.

2.6 Attachments

Nil

Māori Consultative Committee - 13 August 2019 - Open Agenda

3. Hastings District and Napier City Council's Joint Local Alcohol Policy (LAP)

Type of Report:	Legal and Operational
Legal Reference:	Sale and Supply of Alcohol Act 2012
Document ID:	769251
Reporting Officer/s & Unit:	Rachael Horton, Manager Regulatory Solutions

3.1 Purpose of Report

The purpose of this report is to obtain a resolution from Council on setting a date at which the Hastings District and Napier City Council’s Joint Local Alcohol Policy (LAP) comes into force.

Committee's recommendation

Councillors White / Boag

The Regulatory Committee:

a. Receive the report of the Manager, Regulatory Solutions titled “Hastings District and Napier City Council’s Joint Local Alcohol Policy (LAP)”.

b. Resolve that in accordance with section 90 of the Sale and Supply of Alcohol Act 2012:

i. The Local Alcohol Policy is publicly notified

ii. The Local Alcohol Policy comes into force on 21 August 2019

iii. The Local Alcohol Policy hours provision in Section 5 of the Local Alcohol Policy comes into force on 21 November 2019.

c. That a preliminary review be considered in three years after the policy becomes operative with a compulsory full review required within six years of the enforcement date.

d. That a research working party of the key agencies is developed to start gathering evidence to support the full review of the policy in six years as required by the Sale and Supply of Alcohol Act 2012.

e. That a DECISION OF COUNCIL is required urgently to allow the notification and further actions to implement the joint Hastings District and Napier City Council’s Local Alcohol Policy to take place as scheduled by 21 August 2019.

Carried

3.2 Background Summary

In late 2012 Hastings District Council and Napier City Council resolved to develop a joint LAP for Hastings and Napier. A draft LAP was developed as per the requirements of the Sale and Supply of Alcohol Act 2012 (the Act). (LAP as Attachment A)

The draft LAP became provisional in 2016 and was subsequently appealed as a result of the public notification process.

The appeals were resolved in 2019 and the PLAP was adopted by the Alcohol Regulatory and Licensing Authority (ARLA) on 12 June 2019.

A summary of the development process (Attachment B) and the ARLA decision (Attachment C) are appended to this report.

The status quo for licensing hours remains in place until the LAP comes into force.

3.3 Summary of LAP provisions

The LAP includes the following provisions:

On-Licence type	Maximum Trading Hours
Taverns/bars/pubs/night-clubs	8.00am to 3.00am the following day Monday to Sunday One way door restriction: Mandatory at 2 am
Cafes/restaurants/wineries/winery restaurants	8.00am to 2.00am the following day Monday to Sunday
Entertainment Venues	Licensing hours are to be consistent with the nature and activities of the premise and in general shall range from: 8.00am to 2.00am the following day Monday to Sunday
Off Licence Type	Maximum Trading Hours
Supermarkets and Grocery Stores	7.00am to 10.00pm Monday to Sunday
All other off licenses	9.00am to 10.00pm Monday to Sunday
Club Licence Type	Maximum Trading Hours
8.00am to 1.00am the following day Monday to Sunday
Special Licence Provisions:
SSAA default conditions apply
Location of Licensed Premises (density controls):
No further off-licences are to be issued for any premises being a bottle store on land located within: Flaxmere - the Commercial Service or Suburban Commercial zone in Flaxmere, or any Precinct within the Flaxmere Village Centre Zone or Scheduled sites 1 and 2 within Flaxmere Camberley - the suburban commercial zone in Camberley Maraenui – the Reserve, Suburban Commercial and Residential Zone in Maraenui
DISCRETIONARY Conditions
Various

3.4 Significance and Engagement

A Special Consultative Procedure was completed as a part of the development of the joint LAP.

Extensive consultation with the NZ Police and Hawkes Bay District Health Board as required by the Act.

Additional evidence gathering was completed in 2018 to reassess the councils’ policy position.

3.5 Future Reviews

Section 97 of the Act requires that a LAP must be reviewed no later than six years after it came into force. Recommendation C takes into account this requirement.

3.6 Concluding Comments

The LAP has been through thorough public consultation and has required a high level of evidence to support the provisions.

New evidence was examined in 2018 from both the District Health Board and the NZ Police to show that the councils did not have sufficient evidence to support stronger restrictions. This was then confirmed by legal advice from HDC legal counsel and external legal support from Katia Fraser of Meredith Connell.

In December 2018, it was five years since the regulations relating to the LAPs were implemented. 32 of the 33 LAPs around the country were appealed and in most cases the appeals resulted in lesser restrictions (longer trading hours) for premises.

Each appeal process on average took two years one month and 28 days to settle, leaving the less restrictive national default provisions to be in force in the interim.

The Hastings District Council and the Napier City Council Joint LAP is one of the only LAPs around the country that has successfully gained a restriction on further licences being issued for bottle stores in a specific area.

In light of the evidence to support the LAP position, the adoption of the LAP is a positive outcome and the provisions under the joint LAP will further protect the community from alcohol related harm.

At the Meeting

The Hastings District and Napier City Council’s Joint Local Alcohol Policy (LAP) has taken some time to develop.

Through the process of developing this policy there were locations identified for which it was felt that density control would facilitate better community outcomes, such as Flaxmere, Camberley and Maraenui. The Maraenui community are in support of the LAP.

In discussion a Councillor noted that that communities should not be singled out and treated differently under this policy due to demographics. A strength based model for communities should be used, not a deficit one.

It was foreshadowed that a Notice of Motion may be brought to the next Council meeting to consider further lobbying of the Minister of Justice for an urgent review of the Sale and Supply of Alcohol Act 2012 behind the LAP, due to the continued alcohol related harm occurring in the community. This would be in addition to the two Remits at the Local Government New Zealand Conference over the last two years.

It was noted that the LAP would mean licenced cafes could stay open until two o’clock in the morning. Any implications on current and potential inner city residents needs to be considered.

3.7 Attachments

a Final Hastings and Napier Local Alcohol Policy

b Summary of Development Process

c Final Decision of ARLA

Māori Consultative Committee - 13 August 2019 - Open Agenda

Reports from Finance Committee held 6 August 2019

1. Bay Skate Fees and Charges - Supporting Information

Type of Report:	Information
Legal Reference:	N/A
Document ID:	785059
Reporting Officer/s & Unit:	Glenn Lucas, Manager Sport & Recreation

1.1 Purpose of Report

The purpose of this report is to provide the rationale for the proposed fees and charges increases for Bay Skate for the 2019/20 financial year.

Substitute Motion

Committee's recommendation

Councillors Wright / Tapine

That the Finance Committee:

a. Agree that the proposed fee increases for Bay Skate are parked and reviewed again in eight months to a year’s time, as part of the next Annual Plan, to ensure they are in line with the Financial Strategy.

Carried

1.2 Background Summary

The Bay Skate fees and charges proposal for the 2019/20 financial year featured some recommended changes to specific fees and charges. These recommended changes were as a result of a Revenue Review completed by Business Transformation with Bay Skate management.

These recommended changes were:

· Increase the annual membership fee from $25 to $40 per year

· Increase venue hire from $10 to $30 per hour

· Introduce a new charge for learn to skate

· Introduce a new charge for school programmes/visits

· Introduce a new charge for birthday parties

Through the fees and charges process there was limited ability to provide detailed rationale supporting the recommendations. This document provides that rationale in response to questions raised during the Council meeting.

1.3 Issues

Context

Bay Skate has existed as a facility for about 2.5 years. In that time the facility has established an operating model, continued to work on developing the asset and importantly established a culture among customers.

As NCC had not run a rollersports facility before, and the improved size and breadth of offer from the previous SkateZone this was truly a ‘start up’ facility. As with any start up, assumptions are made during the planning stage that need to be tested and refined against real life learnings from actual operations.

As part of this planning, consistent with NCC’s Revenue and Financing Policy and in accordance with the Local Government Act 2002, it was agreed by Council that the source of funding for Bay Skate is categorised as ‘medium’ facility. This category reflects the balance of ‘Community outcomes to which an activity contributes’ and the ‘distribution of the benefits between the community as a whole, identifiable parts of the community and individuals’. The medium category for Bay Skate means that the facility needs to comprise between 40-59% of its operating funding from its users through Fees and Charges.

Actual results during the three financial years that Bay Skate has existed are 52% during the half year in 2016/17, 49% in 2017/18 and 37% in 2018/19. The actions from the Revenue Review are collectively aimed at bringing the cost recovery back within the targeted range for 2019/20.

We now have 2.5 years of data, financials and information around performance, customer behaviour, asset information, resource and skill requirements and the value of the service we provide. This combined learnings and information have recently led to two important and interdependent pieces of work: a refresh of the Bay Skate Strategic Plan and the completion of a Revenue Review.

The Revenue Review was performed with Bay Skate to deliver on NCC’s financial strategy and goals as outlined in the 2018-28 Long Term Plan:

Financial Strategy

· To increase the council’s income by seeking better performance from the Council’s commercial investments and activities

· To manage the size and scale of new community facilities in a way that ensures Council continues to retain sufficient financial capacity going forward.

Financial Goals

· To seek and improve tourism focused activities for maximum returns.

· To increase community contributions (i.e. fundraising) for new, large, community, recreational, sporting or cultural facilities, and their renewal, to a minimum of one third of the total project costs.

Value of the service

In striving to create ‘a rollersports community that people want to be a part of’, Bay Skate has established a resourcing model that has at least two staff working during hours that are open to the public. This resourcing model comprises a large percentage of the costs of operation, but helps to ensure value by:

· Managing the physical safety of customers – rollersports is a risky activity and having trained staff to respond to incidents is critical.

· Providing parental piece of mind – creating a positive culture where parents can be confident that their children are not exposed to bullying, poor behaviour of others and the presence of drugs and alcohol.

· Managing the quality of the asset – planning and implementing asset developments large and small to provide the infrastructure required for riders of all ages and stages.

· Managing the activities that bring people to the facility– including formal and informal coaching, development programmes, events, birthday parties, holiday programmes, and rollersports training and competitions.

Accordingly, Bay Skate’s ‘competitors’ are not just the free skate parks such as Anderson Park or Hastings Skate Park, but other recreational activities and facilities such as Flip Out, Lazer Force or similar. It is worth noting that the cost of entry for Bay Skate is considerably less than these activities.

The customers and parents of customers receive the benefits of the service that we provide, and according to NCC’s Revenue and Financing Policy should be contributing to between 40-59% of operating costs through fees and charges.

While there are benefits that the facility delivers to the community as a whole, the majority of the benefits are delivered to direct users and parents of users. This is reflected in elected member discussions during the recent funding review, and substantiates the ‘medium’ rating under NCC’s Revenue and Financing Policy for Bay Skate.

The focus has been very much on operating the facility – and effectively working in the business rather than on the business. There is considerable work that can be performed to maximise the community and customer benefit that can be delivered by Bay Skate, but new initiatives and programmes require time to develop.

Proposal

The Revenue Review that Bay Skate is currently implementing includes a number of different streams to improve the financial sustainability and viability of the facility. The project is far more than just increasing the membership and rental charges. Also included is:

· Programming – including Learn to Skateboard, rollerskate and rollerblade, pre-school programmes, and schools programmes

· Birthday parties

· Events – including rollersports competitions, school end of year events and Inline Hockey

· Retail – development of a retail strategy to fill a gap in the Napier market for rollersports equipment and consumables combined with expertise. (‘organic’ retail expansion over the last year has led to a doubling in retail revenue)

· Facility hire

The Bay Skate team are currently working on the planning and implementation of the actions within the Revenue Review.

The components of the Fees and Charges proposal are related to the membership charges and rental charges.

Currently membership per year is $25. This membership fee entitles members to access the facility for $4 per visit, instead of the $6 per visit that all other visitors are charged. This means that members recoup their membership fee within 13 visits.

The proposal is to increase the annual membership charge to $40, an increase of $15 over a year. There are no increases to the entry fees per visit, nor to hire equipment charges. This increase is projected to deliver an increase in revenue of between $2,500 and $4,000. While this may not seem like a significant figure, Bay Skate’s revenue per year is $190,000. In this context the projected revenue from all of the strands of the revenue review, including the membership fee increase, will enable these targets to be achieved and surpassed.

The fees and charges proposal was discussed during the Council meeting on 4 June 2019. During this session questions were asked around reducing the cost of entry from $4 to $2. The rationale provided for this suggestion was the affordability for users.

The existing operating system employed at Bay Skate does not enable a more sophisticated membership and pricing structure that could enable a flat membership fee per year with no additional access charges. We have however signed an agreement for a new system across Bay Skate and Napier Aquatic Centre that will enable a more appropriate membership and pricing structure that we will look to develop during this financial year.

During last year’s round of fees and charges Council approved some amendments to the entry fees, removing the adult charge of $9 per visit and simplifying the entry fee structure.

The impact of deprivation to participation

The reality is that there will be kids and families to which the entry charges for Bay Skate will be a barrier to participation. Even if Bay Skate had in place more detailed data on the demographics of existing users, the amount of young people affected by this barrier is unable to be quantified without significant qualitative research of who is not coming to Bay Skate and the reasons why.

The balance we are striving to strike as a Council facility that needs to balance community delivery with the ‘commercial’ realities of generating sufficient income to recover 40-59% of operating costs.

The solution to this however, is not a blanket reduction in what is already a very affordable charge for most of our community. This would be a very blunt instrument meaning all visitors regardless of means are charged a discounted price, and would result in ratepayers that do not benefit directly from the facility picking up the funding shortfall.

Rather than dropping the price of entry for all people who come through the door (based on 2018/19 financials revenue would reduce by approximately $50,000) the recommendation to help those people to which price excludes their ability to participate is through targeted programmes and initiatives. Bay Skate has been doing this to a degree since it has opened, through programmes with Big Brother and Sister, support of Maraenui Donations holiday programme, and case by case support of specific young people in return for the performing of small jobs around the facility. Support of and implementation of the revenue review and all its component ‘strands’ will enable it to do even more of these targeted initiatives with schools, community groups and government agencies.

The focus is on delivering community benefits to those that need it the most. This is the most effective way to reduce price barriers for those to which they rule out participation, while also balancing the business side of the Bay Skate.

1.4 Significance and Engagement

N/A

1.5 Implications

Financial

Approval of the recommended fees and charges increases is projected to deliver between $2,500 and $4,000 of additional revenue.

There are no costs associated with the fees and charges increases.

Social & Policy

As discussed above, implementation of the revenue review actions and the corresponding improvement in operational results will enable Bay Skate to move further into delivering targeted programmes and interventions to those in our community to which price of entry is a barrier to participation.

Risk

There is a slight risk of a reduction in membership numbers due to the increase in membership fees, though the increase of $15 is spread over a year and enables members to access a $2 saving per visit, so the payback period is short.

1.6 Options

The options available to Council are as follows:

a. Approve the Bay Skate fees and charges increases as per the fees and charges proposal

b. Leave the fees and charges at current levels.

At the Meeting

The Manager Sport and Recreation spoke to the report. As part of the completed Bay Skate revenue review a list of strategies were developed for implementation in the next year and a half, one of these is proposed membership and rink hire price increases to reduce the likelihood of a financial impact on rate payers. This needs to be balanced with the risk of reduced membership as a result of price increases.

In response to questions from Councillors, the following points were clarified:

· Four months into the new financial year revenue at Bay Skate is steadily growing. With no price increase the minimum target could be met; although, revenue should ideally reach higher than the minimum target.

· Bay Skate didn’t recover costs in the past financial year due to unsuccessful outdoor movie events, also some ramps were unable to be used for a significant period.

· The rate increase will generate an extra $4000 over the financial year.

· The ‘Lick This’ ice cream shop’s rent is income for Bay Skate.

· The large flat area is mainly used on weekends by skate boarders. The intention is to develop this space further.

· The Napier Sharks use the Bay Skate facility for training. They would struggle with a rent increase and the rink area would require upgrading before an increased hire fee could be justified. Upgrading this area is in the asset development plan.

· Increase in prices may affect membership, but this is hard to predict.

· Bay Skate staff actively interact with customers to ascertain what is working well at the facility and what would make it more attractive. The Manager of Bay Skate is exploring ideas to generate more income, also to make the facility more accessible to people with financial and physical limitations.

· A concession card with free entry’s for members is under consideration and Council is partway through implementing at a joint sport and recreation system between Bay Skate and the Aquatic Centre.

· Once a plan is developed for birthday party events it will be brought back to the Committee to review.

Following questions and discussion, Councillors agreed that they were not prepared to increase the fees and charges at this time and a substitute motion was proposed in order to reconsider the matter at a later date.

It was noted that when this matter is brought back to Committee, Councillors would like to see some modelling on how a reduction in price per visit would impact on demand included in the report.

1.7 Attachments

Nil

Māori Consultative Committee - 13 August 2019 - Open Agenda

Māori Consultative Committee

Open Minutes

Meeting Date:

Tuesday 2 July 2019

Time:

3.00pm-3.52pm

Venue

Small Exhibition Hall

Napier Conference Centre

Napier War Memorial Centre

Marine Parade

Napier

Present	Piri Prentice (In the Chair), Acting Mayor Faye White, Councillor Apiata Tapine, Tiwana Aranui and Peter Eden
In Attendance	Chief Executive, Director Community Services, Strategic Māori Advisor, Manager Communications and Marketing, Barry Wilson – Mana Ahuriri Trust
Administration	Governance Team

Karakia

Tiwana Aranui opened the meeting with a karakia.

Apologies

T Aranui / Councillor Tapine

That the apology from Mayor Dalton and Te Whetū Henare-Winitana be accepted.

Carried

Conflicts of interest

Nil

Public forum

Nil

Announcements by the Chairperson

The Chair invited the Team Leader Governance to speak to the committee following the meeting with the Napier City Council Civic Awards selection panel on 2 July 2019.

The selection panel recognised that the boundaries of Ahuriri/ Napier operate differently for pākehā and Māori, and under the current guidelines of the Civic Awards those who contribute significantly in a voluntary capacity to our community but reside outside the City boundary cannot be recognised by the Awards.

The Panel have proposed that the boundary for Māori nominees or those whose nomination is primarily in relation to contributions to Ahuriri/ Napier Māori be altered to encompass the eight marae affiliated with te Taiwhenua O Te Whanganui-a-Orotū. They requested feedback from the Māori Consultative Committee members regarding the instigation of a more appropriate citizenship boundary for Māori in relation to these Awards, and whether the use of the marae of te Taiwhenua O Te Whanganui-a-Orotū was an appropriate approach. It was confirmed that the City boundary would remain for pākehā nominees and where the voluntary work has not been specific to mana/ tāngata whenua.

Committee members confirmed their approval of the proposed boundary extension for Māori nominees and discussed other ways in which Council could encourage participation by Māori in the nomination process.

Announcements by the management

The Chief Executive congratulated committee member Tiwana Aranui on his recent Queen’s Birthday Honour recognition, on behalf of Council.

Confirmation of minutes

Acting Mayor White / Councillor Tapine

That the Minutes of the meeting held on 21 May 2019 were taken as a true and accurate record of the meeting.

Carried

Reports from standing committees

Councillor Tapine / P Eden

That the Māori Consultative Recommendations arising from the discussion of the Committee reports be submitted to the Council meeting for consideration.

Carried

Reports from Strategy and Infrastructure Committee held 11 June 2019

1. District Plan Review - Policy framework for workstreams

Type of Report:	Legal and Operational
Legal Reference:	Resource Management Act 1991
Document ID:	748148
Reporting Officer/s & Unit:	Dean Moriarity, Team Leader Policy Planning

1.1 Purpose of Report

The purpose of this report is to follow up on recent seminars held with Council on 3 April and 2 May 2019 regarding the review of the District Plan and for Council to approve ‘in principle’ the preferred policy direction for specific workstreams so that officers can draft chapters of the District Plan within an agreed framework/strategic direction.

At the Māori Consultative Committee meeting

In response to questions from Councillors, the following points were clarified:

· This report seeks approval for the agreed policy framework that will set the direction for specific workstreams in the review of the District Plan; the potential boundary adjustment is a separate project which is only in the very early stages.

· Although Mana Ahuriri Trust are not referenced specifically in the policy framework, Council will be required to effectively engage with Mana Ahuriri Trust and other entities throughout the District Plan Review process. Engagement with effected parties will be undertaken within the project framework, which sits below the workstreams being considered at this point.

· It was noted that the District Plan is not developed based on economic factors.

· Engagement with Mana Ahuriri Trust and te Taiwhenua O Te Whanganui-a-Orotū will be important throughout the process to mitigate the potential risk of litigation.

The Chief Executive agreed that it would be useful for Council planners to meet with the committee, and explain how the District Plan Review process will evolve over the next year or so.

Māori Consultative Committee's recommendation

Councillor Tapine / P Eden

That the Council resolve that the Committee’s recommendation be adopted.

Carried

Committee's recommendation

Councillors Jeffery / Wise

That the Strategy and Infrastructure Committee:

a. Endorse ‘in principle’ the agreed framework that the specific workstreams will follow in the review of the District Plan.

Carried

2. Parking Strategy Adoption

Type of Report:	Operational
Legal Reference:	Enter Legal Reference
Document ID:	751375
Reporting Officer/s & Unit:	Richard Munneke, Director City Strategy

2.1 Purpose of Report

To adopt the draft Napier Parking Strategy and the Acquisition Guidance Report.

At the Māori Consultative Committee meeting

The Chief Executive spoke to the report, noting that the Napier Parking Strategy has been developed in order to manage parking within the CBD and Taradale areas. The aim being for longer term parking to be pushed out to the fringes of the CBD to allow for higher turnover within the City centre. There was no further discussion on this item.

Māori Consultative Committee's recommendation

Councillor Tapine / P Eden

That the Council resolve that the Committee’s recommendation be adopted.

Carried

Committee's recommendation

Councillors Jeffery / Wright

That the Strategy and Infrastructure Committee:

a. Adopt the Napier Parking Strategy for the CBD & Taradale and Acquisition Guidance Report.

Carried

Reports from Regulatory Committee held 11 June 2019

1. Earthquake-Prone Buildings - Identification of Priority Buildings - Consultation

Type of Report:	Legal
Legal Reference:	Building Act 2004
Document ID:	737346
Reporting Officer/s & Unit:	Malcolm Smith, Manager Building Consents

1.1 Purpose of Report

The report provides an analysis of submissions received on the Statement of Proposal that will enable Council to identify priority buildings under the earthquake-prone building legislation.

At the Māori Consultative Committee meeting

Due to the Decision of Council being made at the Regulatory Committee meeting held on 11 June 2019, there was no discussion on this item.

Council Resolution

Councillors White / McGrath

That Council:

a. Receive the submissions on the Earthquake-Prone Buildings – Identification of Priority Buildings Statement of Proposal.

b. Adopt the Earthquake-Prone Buildings – Identification of Priority Buildings Statement of Proposal as notified.

Carried

2. Renewal of Licence to Occupy - Sunday Market

Type of Report:	Operational
Legal Reference:	Reserves Act 1977
Document ID:	736053
Reporting Officer/s & Unit:	Fleur Lincoln, Strategic Planning Lead

2.1 Purpose of Report

The purpose of this report is to obtain approval in principle the granting of a Licence to Occupy agreement with Margaret Habib of the Sunday Market for the carpark within the Marine Parade foreshore north of Ocean Spa for a term of 3 years, subject to the s.54(1)(d) Reserves Act 1977 process being successfully completed.

At the Māori Consultative Committee meeting

It was noted that Council officers have been working closely with the organisers and as a more suitable location could not be found at this time, the Licence to Occupy will allow the Sunday Market to remain in their current location. Traffic concerns raised during the trial period have been investigated and it was found that no change was required.

Māori Consultative Committee's recommendation

Councillor Tapine / T Aranui

That the Council resolve that the Committee’s recommendation be adopted.

Carried

Committee's recommendation

Councillors Boag / McGrath

That the Regulatory Committee:

a. Approve in principle, the granting of a Licence to Occupy to Margaret Carolyn Habib for a term of 3 years, subject to the s.54(1)(d) Reserves Act 1977 process being successfully completed.

Councillors Dallimore, Hague and Acting Mayor White voted against the motion.

Carried

Reports from Finance Committee held 25 June 2019

1. Napier City Council Remuneration Policy

Type of Report:	Legal and Operational
Legal Reference:	Local Government Act 2002
Document ID:	757537
Reporting Officer/s & Unit:	Sue Matkin, Manager People & Capability

1.1 Purpose of Report

The purpose of the Remuneration Policy is to provide principles to guide the setting of remuneration for Napier City Council employees.

At the Māori Consultative Committee meeting

The Chief Executive spoke to the report, noting that Council is required under legislation to have a Remuneration Policy (Policy) for employees. It was noted that this Policy sets out the framework regarding remuneration for staff, and that cultural capacity is more in line with KPIs and performance. The Chief Executive advised the committee that the current Strategic Māori Advisor role is being restructured into a Principal Māori Advisor role, and that a new Senior Māori Advisor will be brought in to support this role moving forward.

Māori Consultative Committee's recommendation

Councillor Tapine / Acting Mayor White

That the Council resolve that the Committee’s recommendation be adopted.

Carried

Committee's recommendation

Councillors Brosnan / Boag

The Finance Committee:

a. Endorse the Officers recommendation for Council to adopt the Remuneration Policy 2019-22

Carried

2. Hawke's Bay Museums Trust Statement of Intent 2019 - 2021

Type of Report:	Legal and Operational
Legal Reference:	Local Government Act 2002
Document ID:	761617
Reporting Officer/s & Unit:	Chris Denby, Finance Accountant

2.1 Purpose of Report

To receive the final Statement of Intent 2019 – 2021 for the Hawke’s Bay Museums Trust to Council required for reporting requirements for Council-Controlled Organisations.

At the Māori Consultative Committee meeting

There was no discussion on this item.

Māori Consultative Committee's recommendation

Councillor Tapine / Acting Mayor White

That the Council resolve that the Committee’s recommendation be adopted.

Carried

Committee's recommendation

Councillors Taylor / Hague

The Finance Committee:

a. Receive the final Hawke’s Bay Museums Trust Statement of Intent 2019 –2021

Carried

Reports from Community Services Committee held 25 June 2019

1. Napier Positive Ageing Strategy - Draft for Consultation

Type of Report:	Operational
Legal Reference:	N/A
Document ID:	757232
Reporting Officer/s & Unit:	Michele Grigg, Senior Advisor Policy

1.1 Purpose of Report

This report summarises development of the draft ‘Napier Positive Ageing Strategy – Te Rautaki Tipu Ora o Ahuriri’ and seeks approval to release it for community feedback prior to its finalisation for adoption by Council.

At the Māori Consultative Committee meeting

The Director Community Services spoke to the report and noted that the Napier Positive Ageing Strategy (Strategy) has been developed to recognise the City’s demographic shift in population. The Strategy will assist Council in identifying ways to accommodate Napier’s ageing population into the future.

In response to questions, the following points were clarified:

· A number of focus groups have been consulted and engaged in the development of the Strategy to date, and the next step is to engage with the wider community.

· Consultation will take place over four weeks, commencing in July.

· Council officers would welcome committee members’ assistance in facilitating engagement directly with local kaumatua during the consultation period.

Māori Consultative Committee's recommendation

Acting Mayor White / T Aranui

That the Council resolve that the Committee’s recommendation be adopted.

Carried

Committee's recommendation

Councillors Boag / Taylor

The Community Services Committee:

a. Approve the release of the draft Napier Positive Ageing Strategy – Te Rautaki Tipu Ora o Ahuriri for community feedback.

Carried

2. IRON MAORI EVENT - ROAD CLOSURES

Type of Report:	Operational
Legal Reference:	N/A
Document ID:	755845
Reporting Officer/s & Unit:	Sera Chambers, Transportation Team Administrator Kevin Murphy, Event Manager

2.1 Purpose of Report

To seek approval for the course change and road closures for the Iron Maori events to be held in 2019 and in future years.

At the Māori Consultative Committee meeting

Committee members noted the underlying issues around water quality at Pandora Pond. The Chief Executive confirmed that the decision to change the course of the event to Hardinge Road was made due to the water quality issues.

Māori Consultative Committee's recommendation

Acting Mayor White / T Aranui

That the Council resolve that the Committee’s recommendation be adopted.

Carried

Committee's recommendation

Councillors Taylor / Price

The Community Services Committee:

a. Approve the course change and road closures for the Iron Māori event and other events.

Carried

The meeting closed at 3.52pm and moved into a seminar/presentation for committee members in relation to ‘Project Shapeshifter: Redefining our National Aquarium’.

Approved and adopted as a true and accurate record of the meeting.

Chairperson .............................................................................................................................

Date of approval ......................................................................................................................

Committee Members	Piri Prentice (In the Chair), Councillor Apiata Tapine, Tiwana Aranui, Te Whetū Henare-Winitana and Peter Eden
Officer Responsible	Director Community Services
Administration	Governance Team