Agenda of Future Napier Committee

Future Napier Committee - 03 December 2020 - Open Agenda Item 1

Agenda Items

1. Review of Gambling Venues Policy

Type of Report:	Procedural
Legal Reference:	Gambling Act 2003
Document ID:	1263387
Reporting Officer/s & Unit:	Rachael Horton, Manager Regulatory Solutions

1.1 Purpose of Report

This report introduces the review of Council’s Gambling Venues Policy, seeks Council’s endorsement of the review process and seeks Council’s approval to release the Statement of Proposal for consultation.

Officer’s Recommendation

The Future Napier Committee:

a. Note the information relating to the review of Council’s Gambling Venues Policy.

b. Endorse the review process including approach to consultation as set out in the Significance and Engagement section.

c. Approve the Statement of Proposal for public notification through the Special Consultative Procedure as prescribed in section 83 of the Local Government Act

1.2 Background Summary

The Gambling Act was introduced in 2003 to balance the potential harm from class 4 gambling against the benefits of using gaming machines as a form of community funding.

Territorial Authorities have a particular role under both the Gambling Act and the Racing Act to control the impacts of class 4 and TAB gambling on its community. The mechanism for this is through the Gambling Venues Policy (Policy) to determine whether class 4 and standalone TAB venues can be established in the territorial authority district and, if so, how many, and where they can be located.

Both the Gambling Act 2003 and the Racing Act 2003 requires territorial authorities to review their Policy on class 4 gambling and TAB agency venues every three years.

In reviewing a policy under the Gambling Act 2003 and Racing Act 2003, Council should have regard to the following:

a. must have regard to the social impact of gambling within the territorial authority district

b. must specify whether or not class 4 gaming venues may be established in the territorial authority district and, if so, where they may be located; and

c. may specify any restrictions on the maximum number of gaming machines that may be operated at a class 4 venue; and

d. may include a relocation policy for class 4 gaming venues.

e. must specify whether or not new TAB agency venues may be established and, if so, where they may be located

In determining its policy on whether class 4 or TAB agency venues may be established in the territorial authority district, where any venue may be located, and any restrictions on the maximum number of gaming machines that may be operated at venues, the territorial authority may have regard to any relevant matters, including:

a. the characteristics of the district and parts of the district

b. the location of kindergartens, early childhood centres, schools, places of worship, and other community facilities

c. the number of gaming machines that should be permitted to operate at any venue or class of venue

d. the cumulative effects of additional opportunities for gambling in the district

e. how close any class 4 venue should be permitted to be to any other venue

f. what the primary activity at any class 4 venue should be.

During the 2017 policy review Council, after careful consideration, determined to cap the number of gaming machine venues at 20, machines at 320 and TAB venues at 2, seeking at that time to strike an appropriate balance between permitting responsible gambling and minimising gambling harm to the community. Currently the Napier District has consent for 20 venues, 298 machines and 2 TAB venues.

During the last review the Council at the time held the view that accessibility increases opportunities to gamble and that low socio economic areas are disproportionally affected by the harmful effects of gambling. To ensure that the location of class 4 gaming venues stayed outside of neighbourhood centres they established more controls around where new venues could be located together with a specific cap in Taradale to three venues.

The additional controls introduced were:

· a new cap of three class 4 venues in the Taradale Suburban Zone (the current number of venues in this zone), and

· limit on the location of new or relocating venues to the CBD, Fringe Commercial, Ahuriri Mixed Use, Main Industrial and West Quay waterfront zones in the District Plan.

1.3 Issues

Council will need to consider what policy position it wishes to take during this review to continue to reduce the harm from gambling within the community.

Typically the general options available to Council are set out in Table 1 below –

Table 1
Status Quo	Retain the cap at 320 machines and 20 venues and 2 TAB venues. Retain relocation policy and club merger policy. Retain restrictions on new/relocated venue locations. Cap of 3 venues in Taradale
Lower Cap amounts	Decrease the number of venues and/or gaming machines. A capped approach means that every time a venue closes, the number of permitted machines remains the same. This means that other venues can apply for additional machines if their permitted number of machines hasn’t been exceeded or if a new venue is established. The Councils current cap is set at allowing 320 machines to operate in the district (currently 298 are operating)
Adopt a sinking lid policy	Decrease the number of gaming machines or class 4 venues through natural attrition. It bans any new gaming machines or venues. If a venue closes and the licence is not taken up within six months from the date of closing then the machines in the community are lost. The sinking lid policy does not reduce the number of machines in an existing venue that is operating.
Remove relocations and/or mergers	In addition to the options above, consideration can be given to removing the ability for gaming machines to be relocated and the ability for clubs to merge machines. This would prevent two clubs merging and having a large number of machines at one site. Currently Napier District has four clubs operating 63 machines in total.

Considerations

Napier has a population of around 65,000 people, with a higher than average Māori population of 22.2% vs national average of 16.5%. Pacific are 3.4% vs 8.1% whereas Asian are 5.0% vs 15.1%.

Napier’s employment rate is 94.6% compared with 94.25% nationally.

Napier has 55 gaming machines per 10,000 people whereas national average is 38 machines per 10,000 people. Hastings has 39 machines per 10,000 people.

Napier GM expenditure is 2% of national GM spend yet we have only 1.3% of the population.

Napier is ranked 7^th highest in GM expenditure out of 67 TA’s.

1. Benefits

The 2018 Health and Lifestyles Survey found that 67.2% of adult New Zealanders had participated in some form of gambling in the previous 12 months.

Each year a minimum of 40% of gaming machine profit is returned from class 4 gambling to the New Zealand community, which approximately equated to $276 Million for the 2018 calendar year. In contrast NZ Lotteries transferred $202 million to the Lottery Grants Board for community services and projects, the New Zealand Racing Board allocated $14 million, and Casinos paid just over $3 million to their community trusts.

However, there is no requirement for GMP to be returned to the district from which it is generated. $11 million was returned to the whole Hawkes Bay region in the 2019 calendar year, yet the total GMP for Napier District alone for the same year was over $20 million. Hastings generated over $18 million for the same year.

2. Harm

One in five adults (22%) are affected at some time in their lives by their own gambling or the gambling of others. It was estimated in NZ in 2017 that 37,000 people aged 15 and over were high risk harm gamblers, 47,000 moderate risk and 106,000 low risk. (7. Problem Gambling Foundation 2019)

Class 4 gaming machines is the most cited form of gambling by people seeking help for problem gambling.

Napier is the sixth highest (pop. adjusted) District in regards to gambling help provided across all New Zealand Territorial Authorities. (15. Ministry of Health (2018).

It is to be noted that more help seeking does not necessarily mean more problem gambling. It could be due to a range of factors such as education, public awareness of help and services available.

Gambling harm affects those in more deprived locations and Māori and Pacific peoples are disproportionately represented in harm statistics.

The findings of the 2016 Health and Lifestyle Survey Gambling Module mirror those of earlier work (MoH, 2009; Holland et al, 2017; Abbott et al, 2014) which found that people living in more deprived areas, Māori and Pacific ethnicities, were at greater risk of ‘problem gambling’ than those of other ethnicities.

Māori and Pacific peoples are more highly represented in neighbourhoods of high deprivation, and nationally venues tend to cluster in geographic areas representing the most deprived populations.

Napier has two venues located in deprivation areas 9 and 10 (highest), eight in deprivation 6 to 8 areas and 10 in deprivation 3 to 5 areas.

Ministry of Health research in 2008 found that people living in neighbourhoods closer to gambling venues were significantly more likely to be problem gamblers. Also, the more gambling venues there were within close driving distance (5 km) of a person’s neighbourhood centre, the more likely it was that the person had gambled at a gambling venue in the past year.

3. Gaming Machine Trending/Harm

Nationally, the number of machines peaked in June 2003 (25,221). In June 2020, there were 14,847 machines.

There is no direct correlation between gaming machine numbers and problem gambling rates. Over the last ten years, the problem gambling rate nationally has remained static, despite gaming machine numbers declining rapidly (4,472 gaming machines have been removed from the market). Problem gambling rates are impacted by more national help-seeking awareness campaigns encouraging people to seek help. These campaigns have also assisted in reducing the stigma associated with people admitting they have a problem and seeking help.

4. Financial impacts

From Mar-2015 to Mar-2020 quarters gaming machine proceeds (GMP) – expenditure or player loss - for Napier increased by 17.7%. New Zealand increased by 5.0% and Hastings by 12.4%. Napier residents are spending more on class 4 gambling over the period as a whole.

GMP for 2019 from gaming machines in Napier was $20,166,132.

Napier have also increased total venues by 2 or 11.1% and have increased gaming machines by 14 or 4.9%. In comparison Hastings venues decreased by 3 or by -15.0% and gaming machine numbers decreased by 33 or -10.7%. Napier currently have 20 venues and 298 gaming machines. Hastings have 17 venues and 276 gaming machines.

GMP per gaming machine in Napier City increased by $1,595 since Mar-2015, which translates to a 12.2% change. This shows that Napier residents are spending longer hours playing gaming machines, betting more per game or more players are playing gaming machines.

Nationally GMP per machine increased by $2,048 a 17.6% increase and Hastings increased by $2,978 or a 25.8% change.

Policy Direction

As part of this review, officers held two workshops to determine Council’s policy direction for consultation. The first workshop was also attended by the Chairperson of the Māori Committee. Policy direction was given to remain with the existing policy for consultation, which would mean a continuation of the status quo in regards to the number of machines, venues allowed and where they may be situated in the Napier District.

A Draft Gambling Venues Policy is provided in Attachment A.

Council has also signalled during this review that it wishes to hear from its community on any opportunities Council may have outside this specific Gambling Venues Policy review, to manage and minimise the harm caused by gambling generally.

Review Timeline

The anticipated key milestones for the Gambling Venues Policy review are –

· Māori Committee (13 November) – To consider and make recommendations to Council.

i. The members of the Māori Committee have reviewed this paper and their feedback is that Council should consider adopting a sinking lid approach as the preferred option for consultation.

· Future Napier Committee (3 December) – To consider and make recommendations to Council.

· Council Meeting (17 December) – To consider and make decision on the adoption of the draft Policy for consultation including draft Statement of Proposal

· Consultation Phase (18 January to 17 February) – s. 83 LGA Snpecial Consultation Procedure including targeted consultation.

· Hearings Meeting and deliberations – Council and Māori Committee members (March 2021) – To hear submissions and make recommendations to Council

· Council (2021) – To determine Gambling Venues Policy.

1.4 Significance and Engagement

The Gambling Act 2003 and the Racing Act 2003 requires Council to undertake a Special Consultative Procedure when reviewing the Gambling Venue Policy. A Statement of Proposal (Attachment B) has been prepared in accordance with Part 6 of the Local Government Act 2002.

The objective of the consultation is to provide the community, and those with a special interest, with the opportunity to provide their feedback on the proposed Policy, and in addition, to comment on any opportunities Council may have to manage and minimise the harm caused by gambling generally.

The consultation will be advertised in print and digital media from 18 January to 17 February 2021. The consultation process will also be advised directly to the following bodies who may have a special interest in the matter, including those who submitted to the last policy review in 2017:

· New Zealand Racing Board

· Gaming Trusts (as listed on Department of Internal Affairs website)

· Venues who host gaming machines

· Problem Gambling Foundation of New Zealand

· Te Rangihaeata Oranga Trust (Hawke’s Bay Gambling Harm)

· Te Hiringa Hauora/Health Promotion Agency

· Family support services

· Māori social service and health providers

· Iwi / Hapu entities

The SOP will be available on www.sayitnapier.nz, along with a short summary and a submission form. Hard copies of the material will be available at the Council’s Customer Service Centre, the libraries and by request. A Hearing will take place in March 2021 for those who wish to make an oral submission an opportunity to do so.

A list of all gaming trusts and venues is provided in Attachment C

1.5 Implications

Financial

The cost of the policy review can be met within existing operational budgets.

Social & Policy

The social impact of gambling on the Napier community must be considered at each review. In order to make an informed decision on a proposed policy for public consultation, the current gambling statistics for the Napier District along with other key information relating to gambling harm and the funding applied to the Napier/Hastings District from gambling proceeds were presented to Council as the two separate workshops.

Previous reviews of this policy have demonstrated the contentious nature of gambling and the Class 4 community funding model. Past submissions reflect the divergent views of interested parties with submissions usually received from gambling harm services, the societies (or trusts) that operate the machines, and community organisations who benefit from the funding.

Risk

Any policy that permits gambling will have varying benefits and costs to the community. Balancing responsible gambling with the need to minimise social harm must be taken into consideration by Council when determining the Statement of Proposal.

1.6 Options

The options available to Māori Committee are as follows:

a. recommend the draft Policy and Statement of Proposal to be released for consultation (preferred option) or

b. provide amendments to the draft Policy and Statement of Proposal to one of the options set out in Table 1 above

c. Oppose the draft Policy and Statement of Proposal to be released for consultation. This option would place Council in breach of our legislative requirements.

1.7 Attachments

a Draft 2020 Gambling Venues Policy ⇩

b 2020 Statement of Proposal Gambling Venues Policy ⇩

c Gaming Trusts and Venues in Napier ⇩

Future Napier Committee - 03 December 2020 - Open Agenda Item 2

2. Review of Location of Approved Psychoactive Products Sales Points Policy

Type of Report:	Procedural
Legal Reference:	Psychoactive Substances Act 2013
Document ID:	1263703
Reporting Officer/s & Unit:	Rachael Horton, Manager Regulatory Solutions

2.1 Purpose of Report

This report introduces the review of Council’s Approved Psychoactive Products Sales Points Policy, seeks Council’s endorsement of the review process and seeks Council’s approval to release the Statement of Proposal for consultation.

Officer’s Recommendation

The Future Napier Committee recommends that Council:

a. Note the information relating to the review of Council’s Approved Psychoactive Products Sales Points Policy.

b. Endorse the review process including approach to consultation as set out in the Significance and Engagement section.

c. Approve the Statement of Proposal for public notification through the Special Consultative Procedure as prescribed in section 83 of the Local Government Act.

2.2 Background Summary

In response to significant concerns about the harmful effects of psychoactive substances, which were at the time able to be sold without restriction or regulation, the then Government passed Psychoactive Substances Act 2013 (the Act). The Act received royal assent on 17 July 2013 and became operative the following day (18 July 2013). The core purpose of the Act is to regulate the availability of psychoactive substances to only those people over the age of 18, and to protect the health of, and minimise harm, to those who use them.

To this end, the Act prohibits the sale of these substances from dairies, convenience stores, grocery stores and supermarkets; service stations; liquor outlets; premises that are not a fixed permanent structure e.g. tents and marquees; vehicles or other conveyances e.g. mobile street carts; and any other place or premises specified or described in the Regulations.

The Act also enables a territorial authority to implement a policy relating to the sale of approved products within its district. Under the Act, local authorities are empowered to develop a Psychoactive Products Sales Points Policy (Policy).

While territorial authorities cannot prohibit the sale of approved products, a Policy does enable Council (after consultation with its community) to restrict the geographical location of premises selling psychoactive products within the district, including their proximity to other premises selling such substances and their proximity to premises of a particular kind e.g. kindergartens, early childhood centres, schools, places of worship, or other community facilities. Policies are required to be reviewed every five years.

Section 66(2) permits a local authority’s Policy to:

a. Provide differently for different parts of its district; and

b. Apply to only part (or two or more parts) of its district; and

c. Apply differently to premises for which licences of different kinds are held or have been applied for.

Under Section 68 a LAPP may include the following matters:

a. The location of premises from which approved products may be sold by reference to broad areas within the district;

b. The location from which approved products may be sold by reference to proximity to other premises from which approved products are sold within the district; and

c. The location of premises from which approved products may be sold by reference to proximity to premises or facilities of a particular kind or kinds within the district (for example, kindergartens, early childhood centres, schools, places of worship, or other community facilities).

Section 3 states that the purpose of the Act is to regulate the availability of psychoactive substances in New Zealand and: “to protect the health of, and minimise harm to, individuals who use psychoactive substances.” The Act establishes a regulatory framework for the legal sale of approved products through a pre-market approval scheme for importing, manufacturing, selling, supplying or possessing psychoactive substances or approved products. The Act works on the premise that such psychoactive substances are prohibited unless the sponsor of the product can demonstrate to the Psychoactive Substances Regulatory Authority (Authority) that it poses a low risk of harm to the people using them. The Authority is responsible for both the licensing and enforcement functions of the Act. Council will have no role in either licensing such premises or enforcing the Act. The Ministry of Health is currently developing regulations under the Act.

2.3 Issues

On 1 December 2013 Council passed the current Approved Psychoactive Products Sales Points Policy. The Policy is now due for review.

The current Policy is simple in form and function and restricts premises selling psychoactive substances to the Inner City Commercial Zone with a few rules around proximity to similar premises and sensitive premises.

On 8 May 2014, the Psychoactive Substances Amendment Act (Amendment Act) came into force. The effect of this Amendment Act was that all interim product approvals under the Act were revoked with immediate effect as were all interim licences. Interim approvals means an approval of a psychoactive substance granted prior to the commencement of the Act.

Since that time no products have been approved for sale in New Zealand. Accordingly, no applications have been made to the Authority for a license to sell approved products either within the Napier area or elsewhere in New Zealand.

That said there is no guarantee this situation will continue and therefore officers believe it is prudent for Council to review its Policy in the event applications are made in the future to sell such products in Napier.

The current referendum relating to the legalisation of Cannabis does not impact on this Policy. Should the referendum pass the government will develop legislation in the first instance.

Policy Direction

Officers held two workshops to determine Council’s policy direction for consultation. The first workshop was also attended by the Chairperson of the Māori Committee. Policy direction was given to strengthen the purpose and clause relating to the distance required from sensitive communities to ensure that the exposure to the selling of approved products and their potential harm is minimised across all vulnerable and sensitive sections of our community.

Amendments to the current Policy have been marked in the attached version – Attachment A.

Review Timeline

The anticipated key milestones for the Psychoactive Products Sales Points Policy review are –

· Māori Committee (13 November) – To consider and make recommendations to Council.

i. The members of the Māori Committee have reviewed this paper and their feedback is that Council should consider doubling the various distances included.

· Future Napier Committee (3 December) – To consider and make recommendations to Council.

· Council Meeting (17 December) – To consider and make decision on the adoption of the draft Policy for consultation including draft Statement of Proposal

· Consultation Phase (18 January to 17 February) – s. 83 LGA Special Consultation Procedure including targeted consultation.

· Hearings Meeting and deliberations – Council and Māori Committee members (March 2021) – To hear submissions and make recommendations to Council

· Council (2021) – To determine Psychoactive Products Sales Points Policy.

2.4 Significance and Engagement

The Psychoactive Substances Act 2013 requires Council to undertake a Special Consultative Procedure when reviewing the Policy. A Statement of Proposal (Attachment B) has been prepared in accordance with Part 6 of the Local Government Act 2002.

The objective of the consultation is to provide the community, and those with a special interest, with the opportunity to provide their feedback on the Policy, including the only change to strengthen the purpose and clause relating to the distance required from sensitive communities to include all vulnerable and sensitive sections of our community.

· Hawke’s Bay District Health Board

· Primary Health Organisations

· Family support services

· Industry (if relevant)

· CBD based places of worship, schools, childcares centres, library and other community facilities

· Māori social service and health providers

· Iwi / Hapu entities

The Statement of Proposal will be available on www.sayitnapier.nz, along with a submission form. Hard copies of the material will be available at the Council’s Customer Service Centre, the libraries and by request. A Hearing will take place in March 2021 for those who wish to make an oral submission an opportunity to do so.

2.5 Implications

Financial

The cost of the policy review can be met within existing operational budgets.

Social & Policy

While territorial authorities cannot prohibit the sale of approved products, the current Policy aims to minimise the potential for adverse effects and harm from the sale of psychoactive products in residential, tourist and industrial areas and to sensitive communities (such as places of worship, family and child focussed areas). It does this by limiting the location of the premises that sell these products.

In order to make an informed decision on a proposed policy for public consultation, Council were presented with the current information and options around controlling premises selling psychoactive products within the city.

2.6 Risks

If Council (and the Napier community) wish to directly influence where the Authority will permit such premises to be located within our city, Council must have in place an operational Policy as it will provide clear guidance to the Authority on what the people of Napier have determined is appropriate for the city.

The alternative is to let the Policy lapse and run the risk of a licence to sell Psychoactive Substances being approved anywhere in Napier.

2.7 Options

Approve the draft Policy and SOP to be released for consultation (preferred option) or not approve the draft policy and SOP to be released for consultation.

2.7 Attachments

a Draft Location of Approved Psychoactive Products Sales Points Policy ⇩

b 2020 Statement of Proposal - Location of Approved Psychoactive Products Sales Points Policy ⇩

Future Napier Committee - 03 December 2020 - Open Agenda Item 3

3. Resource Consent Activity Update

Type of Report:	Enter Significance of Report
Legal Reference:	Enter Legal Reference
Document ID:	1260263
Reporting Officer/s & Unit:	Luke Johnson, Team Leader Planning and Compliance

3.1 Purpose of Report

This report provides an update on recent resource consenting activity. The report is provided for information purposes only, so that there is visibility of major projects and an opportunity for elected members to understand the process.

Applications are assessed by delegation through the Resource Management Act (RMA); it is not intended to have application outcome discussions as part of this paper.

This report only contains information which is lodged with Council and is publicly available.

Officer’s Recommendation

The Future Napier Committee:

a. Note the resource consent activity update.

3.2 Background Summary

The Resource Consent team have experienced a continued increase in the number of RMA applications lodged since the last Future Napier Committee meeting. The increase in comparison to the same period last year is by almost 25% from 63 to 76. This increase is encouraging to see as the range of applications are not limited to one activity type, rather a range of residential, commercial and industrial land uses in addition to differing levels of complexity.

The following is an outline of recent activity regarding applications received by Council for consenting pursuant to the RMA. This list does not detail all RMA applications under assessment or having been determined, rather provides detail around significant or noteworthy applications.

Summary Table*

Address	Proposal	Current Status	Update
62 Raffles Street, Napier	S127 Proposed variation to reduce imposed Financial Contributions	Under assessment	Additional detail provided below
16 and 38 Willowbank Avenue, Meeanee	Proposed lifestyle village	Application suspended	Previously reported to Future Napier Committee. Additional detail provided below
262 Emerson Street, Napier	Proposed alterations and additions to Provincial Hotel in Fringe Commercial Zone	Application suspended	Additional detail provided below
121 Battery Road, Ahuriri	Demolish existing Group 3A Heritage Building, proposed earthworks and multi units (10 residential dwellings) and one into 11 Lot subdivision in Mixed Used Zone and Coronation Street Area Zone	Approved	Additional detail provided below
72 West Quay, Ahuriri	Mixed Use development, Demolition of Group 1 Heritage Building and Ancillary earthworks in West Quay Waterfront Zone	Approved	Additional detail provided below
Kāinga Ora Homes and Communities
23-49 Bledisloe Road & 2 Darwin Crescent, Maraenui	Boundary adjustment in Main Residential Zone	Approved	Additional detail provided below

* Current as at time of report being published to Agenda

62 Raffles Street, Napier – Section 127 Proposed variation to reduce imposed Financial Contributions

The proposed Section 127 application outlines the request to vary the imposed financial contributions within the original Notice of Determination. The applicant has requested a variation to Reserves, Roading and Transport and Wastewater and Water charges.

The application has been referred to internal departments for assessment and is expected to be determined in due course.

16 and 38 Willowbank Avenue, Meeanee - Proposed Lifestyle Village

This resource consent application remains on hold. The applicant has proposed piping the western portion of the stormwater designation in order to help mitigate the effects of potential lateral spread and improve tsunami evacuation routes. The applicant is in the process of reviewing the designation over the stormwater drain. Further assessment is required with respect to the designation and the process involved with changing its purpose. No further update at this time.

262 Emerson Street, Napier - Proposed Alterations and Additions to Provincial Hotel in Fringe Commercial Zone

The resource consent application for proposed alterations and additions to the Provincial Hotel has been approved. The additions and alterations will support the establishment of a new bar and a restaurant. Correspondence received from Heritage New Zealand supported the proposal in all respects. The alterations are considerate to the art deco nature of the existing structure and will complement the continued improvement of the cityscape.

121 Battery Road, Ahuriri - Demolish Group 3A Heritage Building, Earthworks, Multi Units (10 Dwellings) and 1 Lot into 11 Lot Subdivision in Mixed Used Zone and Coronation Street Area Zone

After responding to the s92 information request items, Council were satisfied the necessary information had been provided and favourably determined the application. The Notice of Decision and approved stamped plans were issued on Friday 30 October.

72 West Quay, Ahuriri - Mixed Use Development, Demolition of Group 1 Heritage Building and Ancillary earthworks in West Quay Waterfront Zone

The Notice of Decision and stamped approved plans were issued on Friday 6 November. Works are expected to commence this year, starting with the demolition of the existing structures within the site.

Kāinga Ora Homes and Communities

23-49 Bledisloe Road and 2 Darwin Crescent, Maraenui - Boundary Adjustment in Main Residential Zone

The proposed boundary adjustment Notice of Decision and stamped approved plans were issued on Tuesday 10 November.

3.3 Attachments

Nil

Future Napier Committee - 03 December 2020 - Open Agenda

Future Napier Committee

Open Minutes

Meeting Date:

Thursday 22 October 2020

Time:

10.57am – 11.47am

Venue

Large Exhibition Hall

Napier War Memorial Centre
Marine Parade
Napier

Present

Mayor Wise, Deputy Mayor Brosnan (In the Chair), Councillors Boag, Browne, Chrystal, Crown, Mawson, McGrath, Price, Simpson, Tapine, and Wright

In Attendance

Acting Chief Executive, Director Corporate Services, Director Community Services, Director Infrastructure Services, Director City Services, Director City Strategy, Manager Communications and Marketing

Mr Philip Hindrup – item 1

Manager Regulatory Solutions

Senior Māori Advisor

Manager Asset Strategy

3 Waters Programme Manager

Manager Property

Director MTG

Planning Projects Facilitator

Urban Design Lead

Administration

Governance Team

Apologies

Councillors Mawson / Browne

That the apology from Councillor Taylor be accepted.

Carried

Conflicts of interest

Nil

Public forum

Nil

Announcements by the Mayor

The Mayor wished everyone a very relaxing enjoyable long weekend.

Announcements by the Chairperson

Nil

Minor Matters

Nil

Announcements by the management

Nil

Confirmation of minutes

Councillors Crown / Chrystal

That the Minutes of the meeting held on 10 September 2020 were taken as a true and accurate record of the meeting.

Carried

Agenda Items

1. Councillor Consent Hearing Delegations

Type of Report:	Procedural
Legal Reference:	Resource Management Act 1991
Document ID:	1017194
Reporting Officer/s & Unit:	Luke Johnson, Team Leader Planning and Compliance

1.1 Purpose of Report

The purpose of this report is to update the current Hearings Committee Terms of Reference (TOR) and to introduce a set of guidance criteria that will help guide the appointment of Commissioners by the committee to hear and determine resource consent applications, in accordance with best practice.

At the Meeting

The Manager Regulatory Solutions and Mr Philip Hindrup spoke to the report, providing a brief overview of the process followed to date.

In response to questions from councillors it was clarified that:

· When the committee is considering potential commissioners for appointment, there are a number of ways delegation could be passed on to the successful appointee such as via a report leading to a formal resolution, letter of the committee and so on.

· Mr Hildrup is happy to provide sample reports to the team to help support their move into the new area of appointing commissioners in this way.

ACTION A report was requested to be brought through to the next meeting of Future Napier (scheduled for 3 December 2020) on the current state of national discussions in relation the Resource Management Act.

Committee's recommendation

Mayor Wise / Councillor McGrath

The Future Napier Committee:

a. Receive the Independent Report Councillor Consent Hearing Delegations attached as Attachment A to this report, which includes:

i. Annex A – Quality Planning Guidance – The use of Commissioners 2017

ii. Annex B – NCC Current Hearings Committee Terms of Reference

iii. Annex C – Guidance Criteria for Delegations to and Assignment of Commissioners

b. Approve the changes to the Hearings Committee Terms of Reference attached as Appendix B to this report.

Carried

2. Civic Precinct Framework

Type of Report:	Procedural
Legal Reference:	N/A
Document ID:	984587
Reporting Officer/s & Unit:	Fleur Lincoln, Strategic Planning Lead

2.1 Purpose of Report

The purpose of this report is to seek Council endorsement of the Civic Precinct Framework.

At the Meeting

The Director City Strategy spoke to the report, noting briefly an error which will be corrected – the wrong Te Reo is referred to in the report in relation to “Team Napier”.

The Director provided a brief background on the discussions that have taken place with key stakeholders in relation to the masterplan for the civic precinct. The tender process for the consultant has just closed and the tenders are being assessed. It is intended by the Working Group that public information on the intention for the space be prepared and made public as quickly as possible, so people can begin to engage with the plans.

In response to questions from councillors it was clarified that:

· “Human scale” refers to the height of a building and scale in relation to a pedestrian. The built environment in Napier is quite low in comparison to many larger cities. A footnote providing a definition of “human scale” will be included in the public information

· Decisions have yet to be made in relation to what will happen to the existing library building; the interest in developing the Civic Building site as a hotel has dissipated with the impacts of COVID-19 so the planned demolition has been put on hold at this time. The Masterplan for the Precinct may determine a different direction for the two buildings than had been considered originally.

· The timeline that ‘action’ will be seen on the site will depend on when the Masterplan is accepted by Council; it is possible that this may not be until 2022 depending on the process.

· It has been agreed that the library will go back into the site, but “the site” is seen as the whole Precinct and so there may be some flexibility to where on the site it is placed.

· The challenge of having a smaller library within the museum building and the impacts on both activities was recognised, and the importance of ensuring the benefits and excitement of the Masterplan possibilities are very clear to the community was reiterated.

· The seawalls mural on the Civic Building will remain in place until a decision is made on where this could be housed.

ACTION The team to investigate utilising the space around the Precinct for different summer activities to encourage people into the area and help support businesses close by.

ACTION The Working Group will consider and bring a report to Council on options for the Civic site, including the option to continue with the demolition of the Civic Building noting that this would now incur costs.

Committee's recommendation

Councillors Brosnan / Wright

The Future Napier Committee:

a. Endorse the Civic Precinct Framework

Carried

3. Waiapu Cathedral Market

Type of Report:	Operational and Procedural
Legal Reference:	Local Government Act 2002
Document ID:	1251060
Reporting Officer/s & Unit:	Stephanie Kennard, Planning Projects Facilitator

3.1 Purpose of Report

The purpose of this report is to approve a Market Day on Saturday, 21^st November 2020 within Cathedral Lane which will include the selling of goods and services within a public space. Approval from Council is required as we have a Trading in Public Places Bylaw 2014 that prohibits the selling of goods and services within a defined city centre boundary without approval from Council. Permission is being sought by on behalf of Anglican Diocese of Waiapu who will be operating the market.

At the Meeting

The Planning Projects Facilitator spoke to the report, providing a short overview of the Cathedral’s request for a market and the requirements to support this.

In response to questions from councillors it was clarified that:

· The market in Clive Square is predominantly food-based and the Cathedral’s market is intended to be primarily crafts and family activities so the nature of each is different.

· If the Cathedral market is successful they would like to make it an annual event.

Committee's recommendation

Councillors Chrystal / Mawson

The Future Napier Committee:

a. Approve Anglican Diocese of Waiapu to operate a market within Cathedral Lane on Saturday, 21^st November 2020, where the trading of goods and services will occur.

b. That a DECISION OF COUNCIL is required urgently as the market is two days after the next Council meeting on the 19^th of November 2020.

Carried

Council Resolution

Councillors Wright / Simpson

That Council:

a. Approve Anglican Diocese of Waiapu to operate a market within Cathedral Lane on Saturday, 21^st November 2020, where the trading of goods and services will occur.

Carried

4. Report - Resource Consent Activity

Type of Report:	Information
Legal Reference:	N/A
Document ID:	1254856
Reporting Officer/s & Unit:	Luke Johnson, Team Leader Planning and Compliance

4.1 Purpose of Report

Applications are assessed by delegation through the Resource Management Act (RMA); it is not intended to have application outcome discussions as part of this paper.

This report only contains information which is lodged with Council and is publicly available.

At the Meeting

The Manager Regulatory Solutions spoke to the report, noting that the number of applications has slowed over the last few weeks but the amount of pre-activity to an application is high so it is anticipated that another peak will be experienced just prior to Christmas.

A brief overview was provided on the current applications.

In response to questions from councillors it was clarified that:

· A dashboard is under development so the team will be able to see in real time the number of applications underway.

· Heritage matters have to be worked through where these apply, but there are not time frames that this must be completed by.

Committee's recommendation

Councillors Mawson / Wright

The Future Napier Committee:

a. Note the resource consent activity update.

Carried

5. Minutes Heretaunga Plains Urban Development Strategy Implementation Working Group (HPUDS IWG) - 14 September 2020

Type of Report:	Operational
Legal Reference:	Local Government Official Information and Meetings Act 1987
Document ID:	1249788
Reporting Officer/s & Unit:	Anna Eady, Personal Assistant to the Mayor

5.1 Purpose of Report

To receive the confirmed minutes of the Heretaunga Plains Urban Development Strategy Implementation Working Group (IWG) meeting held on 14 September 2020.

At the Meeting

In response to questions from councillors it was clarified that:

· A date for the Implementation Working Group to reconvene has not yet been set but is anticipated to be in the New Year.

Committee's recommendation

Councillors Crown / Tapine

The Future Napier Committee:

a. Receive the confirmed minutes of the Heretaunga Plains Urban Development Strategy Implementation Working Group meeting held on 14 September 2020.

The meeting closed at 11.47am

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

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

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

Committee Members	Mayor Wise, Deputy Mayor Brosnan (In the Chair), Councillors Boag, Browne, Chrystal, Crown, Mawson, McGrath, Price, Simpson, Tapine, Taylor and Wright
Officer Responsible	Director City Strategy
Administration	Governance Team
	Next Future Napier Committee Meeting Thursday 11 February 2021