Future Napier Committee
Open Minutes
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Meeting Date: |
Thursday 3 December 2020 |
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Time: |
1.26 and adjourned at 1.27pm. Reconvened at 2.31pm-3.31pm |
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Venue |
Large Exhibition Hall War
Memorial Centre |
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Present |
Mayor Wise, Deputy Mayor Brosnan (In the Chair), Councillors Boag, Browne, Chrystal, Crown, Mawson, McGrath, Price, Simpson, Tapine, Taylor and Wright |
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In Attendance |
Interim Chief Executive Director Corporate Services (Adele Henderson), Director Community Services (Antoinette Campbell) Manager Regulatory Solutions (Rachael Horton) Manager Asset Strategy (Debra Stewart) Manager Design and Projects (James Mear) Māori Partnership Manager (Morehu Thompson) Team Leader Transportation (Robin Malley) Team Leader Planning & Compliance (Luke Johnson) Building Asset Management Lead (Andrew Clibborn) Water Strategy Manager (Cath Bayley) |
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Administration |
Governance Team |
The meeting adjourned at 1.26pm
and reconvened at 3.35pm.
Apologies
Nil
Conflicts of interest
The Interim Chief Executive reminded Councillors that in accordance with the Local Government Act section 73 Conflict of Interest, Elected Members and Members of Local Authorities are required to advise on any potential conflict of interest in a matter that arises or was likely to arise.
The Gambling Policy to be addressed later in the meeting was to enable the community to be consulted and make submission. Where there were conflicts or perceived conflicts it could influence Council’s decision. Decisions could be challenged with perceived conflicts.
The Interim Chief Executive advised Councillors if they were in any doubt to take undue caution and declare a conflict of interest and not participate in discussion.
The following Councillors declared a Conflict of Interest in Item 1 (Review of Gambling Venues Policy)
· Councillor Graeme Taylor
· Councillor Keith Price
· Councillor Sally Crown
Public forum
Nil
Announcements by the Mayor
Nil
Announcements by the Chairperson
Nil
Announcements by the management
Nil
Confirmation of minutes
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That the Minutes of the meeting held on 22 October 2020 were taken as a true and accurate record of the meeting.
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Future Napier Committee - 03 December 2020 - Open Minutes
Having previously declared a Conflict of Interest Councillors Taylor, Price and Crown did not participate in the discussion or decision making on Item 1.
1. Review of Gambling Venues Policy
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Type of Report: |
Procedural |
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Legal Reference: |
Gambling Act 2003 |
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Document ID: |
1263387 |
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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.
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Manager Regulatory Solutions spoke to the report and the Gambling Policy review that would be released in a Statement of Proposal for public consultation. She corrected a minor error in the paper on page 9 which should read ‘Future Napier Committee’ not ‘Maori Committee’. This correction will be made to the paper ahead of the second debate by Council. Under the Gambling Act 2003 and Racing Industry Act 2020 Councils are required to implement gambling policies that need to be reviewed every three years. The report was presented to the Māori Comittee and their feedback to Council was to adopt the sinking lid option for community consultation. It was proposed that Council adopt the document for consultation at the Council meeting scheduled for 17 December 2020. Discussion and clarification on the following points ensued: · Policy direction by Council during workshops held was to retain the status quo in regards to the number of venues and venues allowed. · Consultation document for the public includes “status quo” as the preferred option. · Currently the policy enables the relocation of machines if a license is held. · Where relocation was not permitted the policy could incorporate criteria whereby an exemption could be considered. · Changes to the Statement of Proposal would be marked in red and the public would be able to identify proposed changes. · To change to a sinking lid gambling policy may reduce the harm caused by problem gambling · The Statement of Proposal sets options advantages and disadvantages. · Despite the number of gaming machines declining over the years the problem gambling rate nationally has remained static. · Consultation process would enable submitters to advocate what option they prefer and better hear from the submitters prior to decision making. · Section 83 of the Local Government Act requires that a Statement of Proposal be prepared when consultation with the community is requested. · The manner and form on how Council consults with all affected parties to provide a fair opportunity for all persons to have a say is set out in Section 83 of the Local Government Act. · The Statement of Proposal for the Gambling Policy review process ticks all the boxes for Section 83. · Currently Napier has 20 venues and 298 gaming machines. · The Proposal is for Council to retain the “status quo” option. · There was support for a minor change to the paper to be made ahead of the second debate by Council to change the wording in the Statement of Proposal to “the proposed option for consultation” rather than “the preferred option for consultation” . · The Maori Committee rejected the current policy and wanted sinking lid as the preferred option. · A foreshadowed motion was noted if the Motion was not carried “that the draft policy going out for consultation is sinking lid and lowering the number of machines”. |
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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. Councillors Boag and Tapine recorded their vote AGAINST the Motion |
2. Review of Location of Approved Psychoactive Products Sales Points Policy
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Type of Report: |
Procedural |
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Legal Reference: |
Psychoactive Substances Act 2013 |
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Document ID: |
1263703 |
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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.
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The Manager Regulatory Solutions, Ms Horton spoke to the report on the review to regulate Psychoactive Products Sales. 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 was minimised across all vulnerable and sensitive sections of our community. Discussion and feedback from the Maori Committee indicated that they would like to double the various distances from 100m to 200m · Current policy was in the Inner City Commericial zone. · Additional wording included in the Policy “vulnerable members of our community or sensitive communities congregate and includes….” · Current wording; Sales are not permitted to be within 100 metres of any existing area where childcare centres, schools, libraries or places of worship. · The Act requires not to prohibit venue for sales as prohibiting one venue in the policy would be prohibiting competition. · The Maori Committee proposed extension would be prohibiting competition. · Places of worship in the Central Business District (CBD) could not have more than 2 venues · Playgrounds good example of timeout zones where young people congregate where do you stop. Officers have broadened the policy to include areas where vulnerable or young people congregate. |
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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.
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3. Resource Consent Activity Update
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Type of Report: |
Enter Significance of Report |
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Legal Reference: |
Enter Legal Reference |
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Document ID: |
1260263 |
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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 was not intended to have application outcome discussions as part of this paper. It
was noted by staff that Heritage New Zealand was a party to Resource Consent where demolition of a heritage building was proposed.
This report only contains information which was lodged with Council and is publicly available.
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The Team Leader Planning and Compliance, Mr Johnson spoke to the report providing an overview of recent resource consenting activity. |
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The Future Napier Committee: a. Note the resource consent activity update. |
Future Napier Committee - 03 December 2020 - Open Minutes
PUBLIC EXCLUDED ITEMS
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That the public be excluded from the following parts of the proceedings of this meeting, namely: 1. Land Sale |
The general subject of each matter to be considered while the public was excluded, the reasons for passing this resolution in relation to each matter, and the specific grounds under Section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution were as follows:
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General subject of each matter to be considered. |
Reason for passing this resolution in relation to each matter. |
Ground(s) under section 48(1) to the passing of this resolution. |
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1. Land Sale |
7(2)(i) Enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations) |
48(1)A That the public conduct
of the whole or the relevant part of the proceedings of the meeting would be
likely to result in the disclosure of information for which good reason for
withholding would exist: |
The meeting moved into Committee at 3.31pm.
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Approved and adopted as a true and accurate record of the meeting.
Chairperson .............................................................................................................................
Date of approval ...................................................................................................................... |