Agenda of Sustainable Napier Committee - Thursday, 11 April 2024

Sustainable Napier Committee - 11 April 2024 - Open Agenda Item 1

Agenda Items

1. Napier Drinking Water Compliance Assessment for 2023 Calendar Year

Type of Report:	Operational
Legal Reference:	N/A
Document ID:	1746067
Reporting Officer/s & Unit:	Anze Lencek, Drinking Water Quality Lead

1.1 Purpose of Report

To inform the Council on the Napier Water Supply (NAP001) Compliance Assessment for 2023 calendar year.

Officer’s Recommendation

The Sustainable Napier Committee:

a. Endorse the report titled “Napier Drinking Water Compliance Assessment for 2023 Calendar Year” dated 11 April 2024.

1.2 Background Summary

Information presented in this Report is based on NCC 3 Waters Team’s best understanding and interpretation of Water Services Act 2021 and legislative documents published by Taumata Arowai (regulator body): Water Services (Drinking Water Standards for NZ) Regulations 2022, Aesthetic Values for Drinking Water 2022, Drinking Water Quality Assurance Rules (DWQAR) 2022 (released 25 July 2022) and Drinking Water Quality Assurance Rules – Guidance for reporting (released 12 December 2023).

The 2023 calendar year presents the first completed yearly compliance period under the new regulatory arrangements as set by the drinking-water regulator Taumata Arowai. As a large networked supply, Napier has to meet the highest (Level 3) compliance requirements (DWQAR) within all three compliance categories: Source water, Treatment and Distribution, while General Rules are the same for all suppliers. During 2023 our obligations were to report only most important compliance information to Taumata Arowai on a monthly frequency, while a comprehensive compliance assessment on all remaining reporting requirements was due for submission within 40 working days after the end of 2023 compliance period (31 December 2023).

1.3 Issues

The following points highlight the main water quality management areas in relation to Napier municipal supply:

A) Napier water supply compliance summary

Napier water supply (NAP001) is subject to four different set of Rules as set in Drinking Water Quality Assurance Rules 2022: General Rules, S3 Source Rules, T3 Treatment Rules and D3 Distribution Rules. Annual report on the 2023 calendar year DWQAR compliance assessment was prepared by NCC officers and submitted to Taumata Arowai within required timeframe.

Napier’s DWQAR compliance assessment included reporting against 104 individual Rules, however after taking into account the numbers of our different sources and water treatment plants, the final count of Rules reported on was actually 355. Below is a visual presentation on the compliance rates of the Rules, presented per General-, Source-, Treatment-, Distribution-category as well as all Rules reported on, with reasons leading to non-compliance with some Rules.

	Reasons for non-compliance with G-Rules: · G3 Rule – Taumata Arowai system to receive reports not operational before first monthly reports were due · G6 Rule - Labelling samples to the requirements would require extensive works in lab software modification and our reporting software settings · G10 Rule – Shortcomings in internal training processes · G11 Rule - Hygiene Code of Practice document in draft format
	Reasons for non-compliance with G-Rules: · S3.3-arsenic Rule – Single ad-hoc chemical sample missed for Arsenic testing at one source
	Reasons for non-compliance with T-Rules: · T3.22 Rule – No protozoa treatment in place at T3, T5 and T7 site · T3.15 Rule – Missed monthly maintenance events due to Cyclone Gabrielle impact · T3.93 Rule - Missed monthly sampling events due to Cyclone Gabrielle impact · Absence of bacterial barrier at T2, T3, T5, T6 and T7 sites
	Reasons for non-compliance with D-Rules: · D3.1 Rule – Backflow Prevention Programme document outstanding · D3.5 Rule – Backflow prevention devices’ asset register missing one parameter (risk level) · D3.7, D3.8 and D3.9 Rule – operational activities not clearly defined in Hygiene Code of Practice document · D3.11, D3.12, D3.14 and D3.17 Rule – Water Storage Management Plan document outstanding

2023 calendar year annual compliance assessment outcomes and shortcomings against DWQAR can be recapped as follows:

· A2 and A3 Water Treatment Plants were both compliant with bacterial and protozoa requirements based on effective UV treatment barrier.

· T2, T3, T5, T6 and T7 were all not compliant with bacterial requirements, as we are not able to achieve required disinfectant contact time at those water treatment plants.

· T2 and T6 complied with protozoa requirements, while T3, T5 and T7 did not as they are located in the underground chambers and therefore cannot qualify as ‘Sanitary Bore Head’ arrangement.

· Disinfection residual monitoring results in the network have been favourable at all times and achieved full compliance.

· Despite bacterial and protozoa non-compliance at majority of our plants, the microbiological testing results in the network have always been favourable, demonstrating microbiologically safe water.

B) Review of Napier’s WSP by Taumata Arowai

On 3 August 2023 Taumata Arowai initiated the review process of Napier’s Water Safety Plan (WSP) as per Section 32 of the Water Services Act 2021 requirements. As we were in the final stage of updating our WSP at that time, the regulator agreed to receive our latest version in October, which we submitted on the 13 October 2023.

As on 20 March 2024, Taumata Arowai has not yet completed the review or shared any findings with us. It is officers’ assumption that their review report will either accept our WSP Improvement Plan’s due dates for commissioning the two new water treatment plants at two new bore fields before end of 2028, upon which all our production capacities will become fully compliant with bacterial and protozoa treatment requirements.

It should be noted that in late October 2023 Taumata Arowai wrote to 27 council suppliers across the country that did not have a protozoa barrier in place with expectations for them to have a confirmed and funded plan agreed by 30 June 2024 and actual protozoa barriers installed by end of 2024 (for surface water sources) or by end of 2025 (for bore water sources).

There is a possibility that Taumata Arowai might set expectations for us to implement protozoa (and bacterial) barriers in place sooner than by the end of 2028 (as set in our WSP).

C) Summary of progress against the WSP Improvement Plan

As on 19 February 2023 there were below improvement actions recorded in the Improvement Plan of the WSP:

- Assets category: 16 improvement actions; 2 improvement actions closed out in the last 12 months

- Investigation & Research category: 2 improvement actions; 1 action closed out in the last 12 months

- Operational category: 70 improvement actions; 9 actions closed out in the last 12 months

D) Napier water supply related Customer Complaints summary

Customers’ Service Requests (SR) are captured in MagiQ software. From a water quality and risks perspective, the main focus is given to clarity, odour, taste and pressure/flow issues. Numbers of SRs received for each of these categories for period 1 January 2023 to 29 February 2024 are presented in the table below.

Service Request Category	Jan 23	Feb 23	Mar 23	Apr 23	May 23	Jun 23	Jul 23	Aug 23	Sep 23	Oct 23	Nov 23	Dec 23	Jan 24	Feb 24
Quality – Clarity	4	6	0	1	4	2	5	3	3	8	4	3	7	4
Quality – Odour	0	0	0	0	0	0	0	0	0	0	0	0	0	0
Quality – Taste	0	0	0	0	0	0	0	0	0	0	0	0	0	0
Quality – Pressure / Flow	3	0	4	3	2	1	1	2	2	2	4	1	4	0

Same water quality parameters are presented in the table below for the last 6 calendar years (2018 – 2023) with steep decline occuring in 2023.

Service Request Category	Y18	Y19	Y20	Y21	Y22	Y23
Quality – Clarity	597	1,330	768	433	396	53
Quality – Odour	12	6	1	4	4	0
Quality – Taste	2	0	9	3	5	0
Quality – Pressure / Flow	19	19	16	26	30	24

E) Christchurch disinfection residual exemption application outcome

On 22 June 2023 Sustainable Napier Committee meeting the officers have been asked to obtain, distribute to the Committee and report on the Christchurch City Council (CCC) Exemption Decision Paper.

Upon officers raised a request for information with Taumata Arowai under the Official Information Act 1982 on 28 June 2023, asking for a copy of the final report of Christchurch Exemption Decision Paper, Taumata Arowai provided the document with us on 21 February 2024. Christchurch’ application that has been submitted on 1 November 2022 has been declined. The report is attached to this Report as Attachment 1.

The two main reasons for declining the application outlined in the Paper were as follows:

· Christchurch City Council could not demonstrate, if the exemption was granted, the drinking water supplied by the supplier will comply with ‘all other legislative requirements’ on an ongoing basis (e.g. multi-barrier approach to drinking water safety at all sources), and

· an exemption cannot be granted under Section 58 of the Water Services Act 2021 for the chlorine C.t continuous monitoring requirements of the DWQAR because they are part of primary disinfection (C.t stands for the product of the concentration (C) of a disinfectant and the contact time (t) required to control micro-organisms).

A month prior (5 September 2022) CCC also submitted a Disinfection Exemption application for ‘Christchurch – Brooklands Kainga’ drinking water supply, which has also been declined by Taumata Arowai with similar justification as above with addition of pointing out shortcomings such as:

· No standalone and specific Water Safety Plan nor Source Water Risk Management Plan in place for that supply.

· Not all source water risks have been adequately addressed.

· Water loss is unacceptably high for the supply to operate without residual disinfection.

· Inadequate backflow prevention programme and measures

Christchurch-Brooklands Kainga Exemption Decision paper is attached to this Report as Attachment 2.

There was however a first Residual Disinfection exemption granted on 1 February 2024 to Selwyn District Council’s medium-sized (101-500 people) networked supply Rakaia Huts. The Exemption Decision Paper is attached to this Report as Attachment 3.

1.4 Significance and Engagement

N/A

1.5 Implications

Financial

N/A

Social & Policy

N/A

Risk

No risks have been identified.

1.6 Options

The options available to Council are as follows:

a. The purpose of this report is to present information to Council. Options have not been presented.

1.7 Development of Preferred Option

N/A

1.8 Attachments

1 Taumata Arowai, 'Exemption Decision Paper - Christchurch City' (date 2 November 2023) (Doc Id 1746776)

2 Taumata Arowai, 'Exemption Decision Paper - Brooklands Kainga' (dated 1 November 2023) (Doc Id 1746777)

3 Taumata Arowai, 'Exemption Decision Paper - Rakaia Huts' (dated 1 February 2024) (Doc Id 1746775)

Sustainable Napier Committee - 11 April 2024 - Open Agenda Item 2

2. Pressure Sewer Systems Policy

Type of Report:	Operational and Procedural
Legal Reference:	N/A
Document ID:	1741368
Reporting Officer/s & Unit:	Andrew Torrens, Senior Project Manager

2.1 Purpose of Report

The purpose of this report is to have Council adopt the proposed Pressure Sewer Systems Policy.

Officer’s Recommendation

The Sustainable Napier Committee:

a) Receive the report titled “Pressure Sewer Systems Policy” dated 11 April 2024.

b) Adopt the Napier City Council Pressure Sewer Systems Policy (Doc Id 1746358).

2.2 Background Summary

Pressure Sewer Systems are an alternative to conventional Gravity Sewer Systems, which have advantages over Gravity Sewers in areas with technical constraints.

This Policy supports Napier City Councils strategic priority to provide a resilient city by enabling improved infrastructure options.

Where traditional Gravity Sewers rely on gravity alone to move wastewater from a property to the sewer mains and larger aggregated pumping stations, Pressure Sewer Systems use pumps located on each property to move the wastewater. Figure 1 schematically shows a typical Pressure Sewer System.

Gravity Sewers are currently the only wastewater reticulation option permitted within Napier City Council boundaries. Due to the characteristics of land around Napier, Pressure Sewer Systems provide an alternative that addresses current and future needs of the community.

Council Officers have prepared a suite of documents as below to enable the use of Pressure Sewer Systems, and to ensure consistency in their application and installation.

· Pressure Sewer Systems Policy.

· Pressure Sewer Design Standards.

· Pressure Sewer Technical Specification.

· Pressure Sewer Installer Declaration Form.

· Homeowners Guide.

There are no Pressure Sewer Systems currently in use in Napier City.

Napier City Council Integrated Trade Waste and Wastewater Bylaw 2022 already allows for Pressure Sewer Systems. Clause C.3.7 requires Pressure Sewer installations to comply with the proposed Policy.

Figure 1: Schematic representation of a typical domestic Pressure Sewer installation.

2.3 Issues

No issues.

2.4 Significance and Engagement

Adoption of the proposed Policy has been assessed as low significance.

· There will be a minor change to the Sewage Conveyance network.

· A small proportion of people will experience a small impact.

· The proposed Policy supports Council’s existing strategy.

· There is no financial or service level impact.

· There is no legal obligation for Council to consult.

Workshops were held with Councillors and internal stakeholders in 2021. There has been no specific external stakeholder engagement.

2.5 Implications

Financial

There is no direct financial consequence to Council.

Social & Policy

N/A

Risk

Risk to Council has been assessed as low.

· Pressure Sewer National Guidelines have been developed by Water New Zealand. The proposed Policy aligns with this Guideline document.

· Pressure Sewer Systems have already been adopted by numerous New Zealand Councils. Council Officers have engaged with some of these Councils in preparing the proposed Policy.

· Council has taken legal advice in setting the strategic direction of the proposed Policy.

· Council will have the ability to determine approved vendors and service providers, ultimately providing operational resilience.

· The proposed Policy requires property owners to maintain the On-Property Pressure Sewer Equipment. Failure to complete required maintenance would become an offence under the Integrated Trade Waste and Wastewater Bylaw 2022.

· Hastings District Council allow the use of Pressure Sewers through their Engineering Code of Practice 2020. Both documents align at an operational level.

2.6 Options

The options available to Council are as follows:

a. Reject the proposed Pressure Sewer Systems Policy.

b. Adopt the proposed Pressure Sewer Systems Policy.

c. Agree in principle with the proposed Pressure Sewer Systems Policy, and request Council Officers resolve specific issues before it is adopted.

2.7 Development of Preferred Option

In developing the proposed Policy, Council Officers considered the following strategic questions.

Where Pressure Sewers May Be Used by Napier City Council

Napier City Council may specify the use of Pressure Sewer Systems in Pressure Sewer Areas through the Code of Practice for Land Development and Subdivision Infrastructure.

Use of Pressure Sewer Systems outside of these areas will be allowed at the discretion of Napier City Council, based on a submission of the necessity or demonstrable benefit including assessment of:

· System safety and environmental impact.

· Geotechnical constraint, such as the susceptibility of the area to liquefaction.

· Technical evaluation (hydraulic, including effects on the overall wastewater system and downstream capacity constraints).

· Life cycle financial assessment, including cost / benefit discussion.

Ownership of Pressure Sewer Assets

Council Officers considered whether public or private ownership of the assets was preferable. This decision has implications for access to and maintenance of each Pressure Sewer unit.

On-Property Pressure Sewer equipment will be owned and maintained by the property owner. Napier City Council will own and maintain the Boundary Kit and the Pressure Sewer Network located in public corridors.

Procurement Model

Council Officers considered whether an open procurement model should be allowed. Officers believe preapproving equipment suppliers and service providers better manages overall risk to Council.

Equipment Specification

Council Officers considered what specification would be most appropriate for the On-Property Pressure Sewer Equipment. Consideration was given to the expected duty, life cycle cost, available technology, and the ability to integrate with Council’s existing systems.

Officers believe a non-smart system with the ability to retrofit smart elements provides the most appropriate system for current needs, without limiting future growth.

2.8 Attachments

1 Napier City Council Pressure Sewer Policy (Doc Id1746358)

Sustainable Napier Committee - 11 April 2024 - Open Agenda Item 3

3. Request for Road Closure for Vehicle Trials - Sandy Road, Meeanee - 4 May 2024

Type of Report:	Operational
Legal Reference:	Enter Legal Reference
Document ID:	1747946
Reporting Officer/s & Unit:	Robin Malley, Team Leader Transportation

3.1 Purpose of Report

To seek Council approval for a road closure to enable Sandy Road, Meeanee to be used for vehicle speed trials, under legislative regulations.

Officer’s Recommendation

The Sustainable Napier Committee:

a. Approve the temporary closure of Sandy Road, Meeanee for the purposes of vehicle trials on 4 May 2024 between 8.00am and 1.00pm, under the Transport (Vehicular Traffic Road Closure) Regulations 1965, subject to conditions:

i. The provision of adequate insurance against potential damages to property,

ii. An approved Temporary Traffic Management Plan for the event.

iii. Written agreement of property owners with legal frontage to the section of Sandy Road to be used for trials.

iv. Provision of a safety plan indicating how the safety of pedestrians and spectators will be maintained during the trials.

v. A joint road condition inspection prior to and immediately after the event to ensure any damages are identified.

b. Approve the delegation of authority to the Executive Director Infrastructure in regard to the satisfaction of conditions:

i. The provision of adequate insurance against potential damages to property,

ii. An approved Temporary Traffic Management Plan for the event.

iii. Written agreement of property owners with legal frontage to the section of Sandy Road to be used for trials.

iv. Provision of a safety plan indicating how the safety of pedestrians and spectators will be maintained during the trials.

v. A joint road condition inspection prior to and immediately after the event to ensure any damages are identified.

3.2 Background Summary

Marineland Hot Rods Inc (MHRI) have requested a road closure over part of Sandy Road, Meeanee to hold ¼ mile time trials as part of their club meet at Papakura Domain on 4 May 2024. This type of road closure is unusual as it requires suspension of road user rules and is an event which presents a risk to Council and private property and potentially the health and safety of participants and observers.

3.3 Issues

The closure of public roads for the purposes of, inter alia, vehicle races or trials is regulated by the Transport (Vehicular Traffic Road Closure) Regulations 1965, which gives road controlling authorities powers to close roads for limited periods of time, subject to certain provisions. Closures under this regulation allow for the suspension of certain road rules, including speed limits, driving on the left, overtaking controls, adherence to Give Way or Stop controls and stopping and following distances. The regulations do not limit the power of NZ Police to maintain public order.

Provisions of the Regulation include the requirement for the organisation promoting the event to have “adequate insurance against…its liability to pay for damages…where the damage results from holding of the vehicle races or trials…”. The ‘adequacy’ of insurance cover is to the satisfaction of the road controlling authority. For the proposed event under consideration here, risks covered should include damage to Unison power poles and energy and communication transmission assets; private fences, gates and hedges; road signs and road surface; vehicle accessways, culverts and headwalls; and public liability. MHRI is a member of the New Zealand Hot Rods Association, which provides cover for such events. Policy documents are to be supplied to Council officers for consideration and the approval sought through this paper is conditional upon this cover being deemed adequate for the risk.

MHRI are required to provide temporary traffic management to support the safe operation of the road closure and the diversion of traffic using alternative routes. An application has been received by Council and this will be determined as soon as practical.

3.4 Significance and Engagement

The proposed road closure does not activate Council’s Significance and Engagement Policy; however, localised engagement will be required. As with all road closures, public notification is required, with affected persons having the opportunity to lodge an objection.

Council has requested that MHRI obtains written approval for the closure from each property owner with direct frontage to the length of Sandy Road proposed for the actual speed trials. This includes Council through its control of Papakura Domain. Such agreements are a condition of an approval to hold the event.

Other residents and businesses will be able to access their properties for the whole event period through manned ‘soft’ closures. These property owners and occupiers are to be notified in advance as a requirement of the event Traffic Management Plan.

3.5 Implications

Financial

The proposed event is fully independent and has no financial impact on Council.

Social & Policy

N/A

Risk

The risk to Council sits primarily in the reputational space, particularly if any club member, participant or member of the public is injured or killed, or the event causes unforeseen problems for neighbouring residents and/or other legitimate users of Papakura Domain. Financial risk is limited to any damage to road assets and any damage to private or utility assets that exceeds the insurance cover held by MHRI through their parent association.

Reputational risk is being managed through the requirement for MHRI to consult with adjoining owners and occupiers prior to the event; and a requirement to submit and receive approval from Council for a safety plan which covers the management of risks to people and property during the event.

Financial risk is being managed through the requirement for adequate insurance and Council accurately assessing the risk to be covered. Further, prior to the event an inspection will be carried out by a member of the Transportation Operations team and a representative of MHRI, recording the condition of road assets; with a similar inspection carried out immediately after the event to identify any damage caused.

3.6 Options

The options available to Council are as follows:

a. To approve the use of Sandy Road for vehicle trials under a road closure, subject to conditions protecting the public and Council and private property. This is the recommended option.

b. Not to approve the requested closure.

3.7 Development of Preferred Option

While the proposed closure does enable an event which presents some risk to persons and property, the legislated regulations do provide for this as a legal activity. Further, the regulations provide a level of security for Council through the need for consultation, insurance and a safety plan.

3.8 Attachments

Nil

Sustainable Napier Committee - 11 April 2024 - Open Agenda Item 4

4. Licence to Occupy Reserve - Ridgetop Reserve - Communication Station

Type of Report:	Legal and Operational
Legal Reference:	Reserves Act 1977
Document ID:	1746746
Reporting Officer/s & Unit:	Bryan Faulknor, Manager Property Jason Tickner, Team Leader Parks, Reserves and Sportsgrounds

4.1 Purpose of Report

To seek Council’s approval to grant a licence pursuant to Section 48A of the Reserves Act 1977 to Communicate Ltd to erect and operate a communication station on Ridgetop Reserve, Taradale.

Officer’s Recommendation

The Sustainable Napier Committee:

a. Approve, as administering body, the granting of a licence to occupy, pursuant to Section 48A of the Reserves Act 1977, to Communicate Ltd for the erecting and operation of a communication station at Ridgetop Reserve, Taradale.

b. Approve, in exercise of the Ministerial consent (under delegation from the Minister of Conservation) the granting of the above licence.

c. Approve that the term of the licence be for 10 years with one right of renewal of ten years.

d. Note that in granting any lease Council is merely acting in its capacity as lessor and owner of the land. Any such approval shall not imply the consent of Council as a regulatory authority and thus the proposed communication station is subject to all regulatory consents being obtained if required.

4.2 Background Summary

The Hawke’s Bay Region Civil Defence Emergency Management (CDEM) Group have been building a Digital Mobile Radio (DMR) network across Hawke’s Bay. This ensures all agencies and HB Council’s are on a common radio platform.

The new digital system replaces the old analogue system which did not perform well in the 2023 cyclone.

To complete this network a repeater station is required on the Ridgetop Reserve in Taradale. This site provides the elevation and coverage required.

This is an essential part of the new DMR radio network for not only NCC and HBRC day to day working communication, but essential for communication during any natural disaster. The site will have batteries and an on site generator to charge batteries during long power outage periods as seen during Cyclone Gabriel

The network benefits all Hawke’s Bay Councils.

The proposed communication station on Ridgetop Reserve will be constructed and operated by Communicate Ltd.

Attachment 1. shows the location of the Ridgetop Reserve at the back of Taradale.

Attachment 2. shows the position of the proposed Communication Station within the Reserve.

Attachment 3. Is a letter from Communicate Ltd.

4.3 Issues

Reserves Act considerations:

The Ridgetop Reserve is a Local Purpose Reserve (Passive Recreation) pursuant to the Reserves Act 1977 and vested in Napier City Council.

Section 48A of the Act allows Council to grant a licence to any person for the use of a reserve to erect and maintain buildings, masts and other structures for the purposes of any station for the transmission, emission, or reception of any form of radio, electric, or electronic communication.

The Act further requires that Council is satisfied that the structures are necessary for the purposes of the station and that they cannot readily be provided outside the reserve.

With regards these considerations it is noted that the station has been professionally designed as per architectural and structural plans provided to Council and management is satisfied that the structures are necessary for the station.

They cannot readily be provided outside the reserve as the surrounding land is private.

Further the site provides the elevation and coverage required.

As the station is important for Civil Defence Emergency Management purposes the use of the Council controlled reserve makes sense from a security of occupation perspective.

In addition to the above, the Act requires Council to give public notice of the proposal to grant a licence, however this will not apply where:

a) The reserve is not likely to be materially altered or permanently damaged; and

b) The rights of the public in respect of the reserve are not likely to be permanently affected.

In considering the above it is noted that the footprint of the proposed licenced area is only 1 metre by 2 metres. The foundation footing is 2 metres deep and the pole height 8.5m.

It is considered therefore that the communication station will not materially or permanently damage the reserve and the rights of the public are not likely to be permanently affected and therefore no public notification is required.

Regulatory Consents:

The plans and specifications have been reviewed by Napier City Council’s regulatory team who have concluded that the structure and activity are Permitted under the Operative District Plan and thus a Resource Consent is not required.

Further the structure and mast does not require a Building Consent.

The station has been designed by a Chartered Professional Engineer.

4.4 Significance and Engagement

This matter does not trigger Council’s Significance and Engagement Policy.

Matters relating to the requirement of public notification under the Reserves Act have been considered above.

4.5 Implications

Financial

There will be no cost to Council as the cost of construction and maintenance will be met by Communicate Ltd.

Social & Policy

The communication station is an essential part of the new DMR radio network which is essential for communication during any natural disaster.

Risk

There appears to be little risk to Council in granting this Licence noting that the mast will be constructed as per approved structural plans.

4.6 Options

The options available to Council are as follows:

a. To approve the granting of a Licence to Occupy Reserve as outlined above.

b. To decline to grant the proposed Licence

4.7 Development of Preferred Option

Option a. is the preferred option.

As mentioned the station is important to completing Digital Mobile Radio (DMR) network across Hawke’s Bay for use by the Hawke’s Bay Region Civil Defence Emergency Management (CDEM) Group.

The station also provides opportunities for other communication links.

4.8 Attachments

1 Aerial View showing Ridgetop Reserve (Doc Id 1746791)

2 Location of proposed communication station (Doc Id 1746790)

3 Letter from Communicate Limited (Doc Id 1747356)

Sustainable Napier Committee - 11 April 2024 - Open Agenda Item 5

5. Change of Purpose of Reserve - Marine Parade

Type of Report:	Legal and Operational
Legal Reference:	Reserves Act 1977
Document ID:	1746822
Reporting Officer/s & Unit:	Bryan Faulknor, Manager Property

5.1 Purpose of Report

To obtain Council’s final approval to change the purpose of part of the vested local purpose recreation reserve on Marine Parade. This is required to provide an appropriate reserve purpose to accommodate the completed restoration of the War Memorial attached to Napier War Memorial Centre on Marine Parade.

Officer’s Recommendation

The Sustainable Napier Committee:

a. Approve that in exercise of the powers conferred on it by Section 24A(1) of the Reserves Act 1977, that part of the reserve contained in Section 3 SO Plan 396199 (Record of Title 462213), as described in the Schedule below, have its purpose changed from Local Purpose (Passive Recreation) Reserve to Local Purpose (Community Buildings) Reserve.

b. Notes that the reason for the change of purpose is to accommodate the restoration of the War Memorial attached to the Napier War Memorial Centre on Marine Parade.

SCHEDULE

Hawkes Bay Land District - Napier City

Area (ha)	Legal Description	Record of Title
0.1877	Lot 1 DP 595539	1150867

5.2 Background Summary

The plans for the Napier War Memorial construction highlighted that the Memorial would be constructed over two reserve titles with different purposes under the Reserves Act. The land occupied by the Napier War Memorial Centre is Local Purpose Community Buildings Reserve whereas the land to the south is Local Purpose Passive Recreation Reserve.

Both titles are held by Napier City Council.

To rectify this situation a subdivision was required and a change of purpose under the Reserves Act processed.

Council on 16 June 2022 resolved to initiate the process, pursuant to Section 24A of the Reserves Act 1977 to change the subject land from Local Purpose Passive Recreation Reserve to Local Purpose Community Building Reserve.

The proposed change was publicly notified under section 24A (2) of the Reserves Act with no responses received from the public.

The final process was put on hold pending construction being completed and required boundaries being ascertained accurately. Title plans have now been issued and it is now appropriate to pass the final resolution with reference to the new plans. Once this resolution is passed, a Gazette notice can be registered to complete the legal process.

5.3 Issues

No Issues

5.4 Significance and Engagement

Public notification has occurred pursuant to the Reserves Act with no submissions or objections received.

5.5 Implications

Financial

N/A

Social & Policy

N/A

Risk

N/A

5.6 Options

The options available to Council are as follows:

a. To give final approval to the change of reserve purpose.

b. To decline to give final approval.

5.7 Development of Preferred Option

Option a. is the preferred option.

The change of purpose has been publicly notified with no submissions received. Construction has been completed and Title Plans finalised. It is now appropriate to finalise all legal matters with regards change of purpose.

5.8 Attachments

1 Original Scheme Plan showing aerial of subject land highlighted in yellow (Doc Id 1747358)

2 New Title Plan showing subject land highlighted in yellow (Doc Id 1747357)

Sustainable Napier Committee - 11 April 2024 - Open Agenda Item 6

6. Road Stopping - Part of Tareha Street, Westshore Napier

Type of Report:	Enter Significance of Report
Legal Reference:	Enter Legal Reference
Document ID:	1747226
Reporting Officer/s & Unit:	Bryan Faulknor, Manager Property

6.1 Purpose of Report

To confirm, through declaring the section of road to be stopped, the Council resolution of 10 August 2023 to initiate the road stopping process in accordance with the 10th Schedule of the Local Government Act 1974, and the subsequent sale to the land to the owner of 5 Charles Street, Westshore.

Officer’s Recommendation

The Sustainable Napier Committee:

a. Approve pursuant to Section 342(1) of the Local Government Act 1974 and in accordance with the Tenth Schedule of that Act, to declare the section of road, being part of Tareha Street and adjacent to number 5 Charles Street, Napier, as described in the Schedule hereto, be stopped; and

b. Approve that the stopped road is sold to the owner of the adjoining land at 5 Charles Street as described in the Schedule hereto.

Further, the land is to be amalgamated with the purchaser’s individual land and held in one record of title.

SCHEDULE: Napier City – Hawke’s Bay Land District

Area (ha)	Description	Adjoining
.0060	Section 1 SO Plan 595798	Lot 23 DP6167 RT HBE3/227

6.2 Background Summary

On 10 August 2023 the Sustainable Napier Committee:

a. Resolve pursuant to Section 342 (1) of the Local Government Act and in accordance with the Tenth Schedule of that Act, to initiate the stopping of 59m2 (more or less subject to survey) of legal road, being part of Tareha Street, Napier and adjacent to 5 Charles Street;

b. Note that a condition of the Tenth Schedule is to publicly notify the proposed road stopping; and

c. Resolve that upon completion of the Tenth Schedule stopping process, 59m2 (more or less subject to survey) of the stopped road is sold to the owner of 5 Charles Street. Further, the land is to be amalgamated with the purchaser’s individual land and held in one record of title.

The above was instigated by the owner of number 5 Charles Street, Westshore applying to purchase approx. 59m2 of current legal but unformed road adjacent to their property.

To enable this the Road stopping process must occur.

The purchase of the land is to legalise a current historic encroachment.

The subject land is within the legal road; however, the area does not form part of the road or footpath itself.

The land currently has been incorporated within the landscaped garden area and a retaining wall constructed on the encroachment.

The redevelopment of Tareha Street was completed some years ago and carried out on the basis that the subject land was not required for the redevelopment including beach reserve access.

It is now appropriate to legalise this historic encroachment.

The road stopping has the support of Council’s Transportation Team.

6.3 Issues

The conditions of the Tenth Schedule have been complied with regarding public notification with no objections received.

It is now appropriate for Council to resolve to declare the sections of the road to be stopped.

6.4 Significance and Engagement

As mentioned above the public notification requirements have been complied with.

6.5 Implications

Financial

There is no financial cost to Council as the purchaser will meet all costs including legal, survey, advertising, and valuation fees.

The sale of the subject land will be at market value as determined by a valuation from a registered valuer.

Social & Policy

N/A

Risk

N/A

6.6 Options

The options available to Council are as follows:

a. To declare the section of road stopped and sold to the adjoining owner.

b. To decline to declare the section of road stopped.

6.7 Development of Preferred Option

Option a. is the preferred option.

No objections have been received as part of the public notification requirements. The subject land is not part of the formed road or footpath. It is now appropriate to legalise this historic encroachment.

6.8 Attachments

1 Aerial View showing road stopping area outlined in red (Doc Id 1747373)

2 Title Plan showing section of road to be stopped coloured in yellow (Doc Id 1747374)

Sustainable Napier Committee - 11 April 2024 - Open Agenda Item 7

7. Licence to Occupy Reserve - Park Island Reserve - Communication Station

Type of Report:	Enter Significance of Report
Legal Reference:	Enter Legal Reference
Document ID:	1747243
Reporting Officer/s & Unit:	Bryan Faulknor, Manager Property Jason Tickner, Team Leader Parks, Reserves and Sportsgrounds

7.1 Purpose of Report

To seek Council’s approval to grant a licence pursuant to Section 48A of the Reserves Act 1977 to Aotearoa Towers Group LP (ATG) to erect and operate a Telecommunication Station including a Tower on Park Island Sportsground.

Officer’s Recommendation

The Sustainable Napier Committee:

a. Approve, as administering body, the granting of a licence to occupy, pursuant to Section 48A of the Reserves Act 1977, to Aotearoa Towers Group LP (ATG) for the erecting and operation of a Telecommunication Station at Park Island Sportsground.

b. Approve, in exercise of the Ministerial consent (under delegation from the Minister of Conservation) the granting of the above licence.

c. Approve that the term of the licence be for 20 years.

d. Note that in granting any lease Council is merely acting in its capacity as lessor and owner of the land. Any such approval shall not imply the consent of Council as a regulatory authority and thus the communication station is subject to all regulatory consents being obtained if required.

7.2 Background Summary

A Telecommunication facility has been located at the Park Island Sportsground site for 20 years without any issues.

The current Licence expires 29 June 2024.

The original Licence was with Vodafone with subsequent co location with Two Degrees.

An assignment has occurred for many of Vodafone’s facilities (Including Park Island) to Aotearoa Towers Group LP (ATG).

Aotearoa Towers is planning to upgrade the current station and tower and requires certainty of tenancy before committing to the upgrade.

The location of the Telecommunication Station is just to the south of the Hockey Turfs as shown in Attachment 1.

7.3 Issues

The Park Island Sportsground is a Recreation Reserve pursuant to the Reserves Act 1977 and vested in Napier City Council.

The Act further requires that Council is satisfied that the structures are necessary for the purposes of the station and that they cannot readily be provided outside the reserve.

With regards these considerations it is noted that the station and tower has been in the location of the proposed lease for 20 years with no issues experienced.

The station and tower are professionally designed and are required to obtain all necessary consents, therefore management is satisfied that the structures are necessary for the station.

They cannot readily be provided outside the reserve as the surrounding land is private.

Further the site provides the required tower elevation and network coverage.

In addition to the above, the Act requires Council to give public notice of the proposal to grant a licence, however this will not apply where:

a) The reserve is not likely to be materially altered or permanently damaged; and

b) The rights of the public in respect of the reserve are not likely to be permanently affected.

In considering the above it is noted that an existing station and tower have been in the location of the proposed lease for 20 years with no issues. The Park Island Reserve is sufficient in size that the Telecommunication Station would have negligible impact on the publics use of the Reserve.

7.4 Significance and Engagement

This matter does not trigger Council’s Significance and Engagement Policy.

Matters relating to the requirement of public notification under the Reserves Act have been considered above.

7.5 Implications

Financial

Costs relating to the Station are met by Aotearoa Towers and a Licence Fee will be received by Council.

Social & Policy

N/A

Risk

N/A

7.6 Options

The options available to Council are as follows:

a. Approve a new licence as outlined above.

b. Decline to approve a new licence.

7.7 Development of Preferred Option

Option a. is the preferred option.

A Telecommunication Station has been on the site for 20 years. Such stations are required to provide, among other functions, cell phone coverage to the residents of Napier.

7.8 Attachments

1 Map showing location of Park Island Telecommunication Station and Tower (Doc Id 1747359)

Sustainable Napier Committee - 11 April 2024 - Open Agenda Item 8

8. Capital Programme Delivery

Type of Report:	Information
Legal Reference:	N/A
Document ID:	1745232
Reporting Officer/s & Unit:	Jamie Goodsir, Acting Director Programme Delivery

1.1 Purpose of Report

To provide Council with information on the FY23/24 Capital Programme and initiatives underway to improve Capital Programme Delivery.

Officer’s Recommendation

The Sustainable Napier Committee

a. Receive the report titled “Capital Programme Delivery” dated 11 April 2024.

1.2 Background Summary

Situational update

Council had set the FY23/24 Capital Plan at $75.9M, but this was subsequently revised to $102.5M following carry-forwards.

The Three Waters Activity Group comprises over 50% of this spend, with Community Services and Transportation at 20% and 15% respectively.

Sustainable Napier Reports

With most parts of the business now undertaking projects in their own right, this report will focus on projects being undertaken in the Programme Delivery Team. (Attachment 1).

Capital Programme Summary

The Capital Programme spend for FY23/24 YTD February 2024, was $32.6M.

This compares to the Revised Budget amount for the same period of $30.1M.

The forecast FY23/24 year end spend is $54.3M.

Please refer to the graph below.

The steep incline of the Revised Budget post May 2024 is due to asset owners scheduling some $55M of work (54% of the total $102.5M revised budget), from June 2024, indicating this work is unlikely to start this FY.

Projects going to Tender this reporting round.

The following projects are currently progressing through the tender phase:

· 24 Clyde Road Slip Remediation

Tenders in Evaluation Stage this reporting round.

The following projects are currently progressing through the evaluation phase:

· CPO firewall

· Accounts payable & E-invoicing

· Learning Management System

Contracts awarded this reporting round.

The following projects (total value of $200,000) have successfully completed the procurement process:

· Anderson Park Stage 2 – Playground Design & Construction

Projects nearing / at completion this reporting round.

The following projects are nearing the completion of their construction phases:

· MCL 72 West Quay & 9 Customs Quay, Ahuriri (March 2024 )

· Clyde Road Retaining Wall (March 2024)

· Hooker Avenue Slip Remediation (March 2024)

· Thompson Road Slip Remediation (April 2024)

1.3 Issues

Industry Capacity

The impact of Transportation Recovery East Coast (TREC), which includes Waka Kotahi, KiwiRail, Downer, Fulton Hogan and Higgins, on the local contracting scene, is yet to be determined.

Officers continue to recruit across multiple teams and use consultants via their Project Management and Design Services Panels to increase their capacity to deliver the capital programme.

Officers are also continuing to progress initiatives aimed at improving capital programme delivery, including an upgrade to Sycle and scheduling Sycle training, and commencing the preliminary stages of establishing an Enterprise Project Management Office (EPMO).

1.4 Implications

Financial

The financial performance of individual projects does not form part of this report.

Improving the accuracy of forecasting and the maturity of financial acumen across the business is a work in progress.

Risk

Significant project risks are reported to Council separately via the Audit and Risk Committee.

1.4 Options

This report is for information purposes only.

1.5 Development of Preferred Option

This report is for information purposes only.

8.6 Attachments

1 Capital Programme Update (Doc Id 1746782)

Sustainable Napier Committee - 11 April 2024 - Open Agenda

Sustainable Napier Committee

Open Minutes

Meeting Date:	Thursday 22 February 2024
Time:	9.30am – 9.45am (Open) 10.26am – 10.27am (Open) 10.29am – 11.10am (Public Excluded)
Venue	Large Exhibition Hall War Memorial Centre Marine Parade Napier
	Livestreamed via Council’s Facebook page

Present

Chair: Councillor Price

Members: Mayor Wise, Deputy Mayor Brosnan, Councillors Browne, Crown, Greig, Mawson (Deputy Chair), McGrath, Simpson, Tareha and Taylor

In Attendance

Chief Executive (Louise Miller)

Executive Director Infrastructure Services (Russell Bond)

Executive Director City Strategy (Rachael Bailey)

Manager Communications and Marketing (Julia Atkinson)

3 Waters Programme Manager (Andrew Lebioda)

Consultant - Simon Aitken, Tonkin and Taylor

Administration

Governance Advisor (Carolyn Hunt)

Sustainable Napier Committee – Open Minutes

Table of Contents

Order of Business Page No.

Karakia. 3

Apologies. 3

Conflicts of interest 3

Public forum.. 3

Announcements by the Mayor 3

Announcements by the Chairperson. 3

Announcements by the management 3

Confirmation of minutes. 3

Agenda Items

1. Capital Programme Delivery. 4

Minor matters. 4

Resolution to Exclude the Public. 5

Order of Business

Karakia

The meeting opened with the Council karakia.

Apologies

Councillors Crown / Tareha

That the apologies for absence from Councillors Boag and Chrystal be accepted.

Carried

Coralee Thompson and Tiwana Aranui, Ngā Mānukanuka o te Iwi representatives, were absent from the meeting.

Conflicts of interest

Nil

Public forum

Nil

Announcements by the Mayor

Nil

Announcements by the Chairperson

Nil

Announcements by the management

Nil

Confirmation of minutes

Councillors Greig / Taylor

That the Minutes of the meeting held on 21 September 2023 were taken as a true and accurate record of the meeting.

Carried

Agenda Items

1. Capital Programme Delivery

Type of Report:	Information
Legal Reference:	N/A
Document ID:	1733197
Reporting Officer/s & Unit:	Jamie Goodsir, Acting Director Programme Delivery

1.1 Purpose of Report

To provide Council with information on the FY23/24 Capital Programme and initiatives underway to improve Capital Programme Delivery.

At the meeting

The Executive Director Infrastructure Services, Mr Bond took the report as read, responded to questions, and displayed a powerpoint presentation. (Doc Id 1736161)

In response to questions the following was clarified:

· Major excavation is currently taking place in Church Road next to the Somerset Retirement Village is part of the stormwater network project. A detention pond structure is being installed.

· On the opposite side of the Mission Development, due to some roading decisions, the residual land will require zoning and designation with timeframes for this to be reported back to the Committee.

· During investigation of the Onslow Steps ground conditions it was discovered that the ground was more unstable than was originally thought. There is now a requirement for an additional retaining wall to support the steps to be designed and installed., Access constraints are creating delays to this project.

· Officers will arrange for a letter drop to update residents and the community on the progress of the Onslow Steps project.

· In regard to the Memorial Square Community rooms refurbishment the Art Deco Trust are currently undertaking funding requests for their contribution to this project. Funding is therefore not confirmed at this time, presenting a risk to both the financials and schedule. A concern for the project team is that the key risks are managed and monitored, and that no more money is requested from Council over the agreed amount.

· Consultants are used in capital programme delivery for their unique skill set that most Councils would not require, or could afford to remunerate, on a fulltime basis.

· It was requested at the meeting that officers continue to include in the report TREC (Transportation Recovery East Coast) in relation to the rebuild of the region and marketing constraints.

A briefing from the Mission Hills development will be made to the Taradale Residents Association on Tuesday, 27 February 2024 at 7.00pm in the Taradale Town Hall for anyone interested in the development.

Committee resolution

Councillors Browne / Mawson

The Sustainable Napier Committee

a) Receive the report titled “Capital Programme Delivery” dated 22 February 2024.

ACTIONS:

1) Officers to provide timeframes for the zoning and designation for the residual land, opposite Mission Hills development.

2) Officers to organise a letter for the residents originally consulted with in regard to an update on the work for Onslow Road steps.

3) Art Deco Trust Working Group to present to Council to update on funding progress for the refurbishment of the Clive Memorial Rooms.

4) Officers to report back on the zone and designation timeframes for the the Mission Development residual land.

Carried

Minor matters

There were no minor matters.

The meeting adjourned at 9.43am and reconvened 10.26am

Resolution to EXCLUDE the Public

Deputy May Brosnan / Councillor Crown

a) That the public be excluded from the following parts of the proceedings of this meeting, namely:

· IAF - Maraenui to Te Awa Stormwater Improvements Project Update

b) That Simon Aiken of Tonkin and Taylor, be permitted to remain in the Public Excluded session for Item 1 – IAF - Maraenui to Te Awa Stormwater Improvements Project Update, for his expertise on this matter.

Carried

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:

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.

1. IAF - Maraenui to Te Awa Stormwater Improvements
Project Update

7(2)(i) Enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

7(2)(j) Prevent the disclosure or use of official information for improper gain or improper advantage

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:
(i) Where the local authority is named or specified in Schedule 1 of this Act, under section 6 or 7 (except 7(2)(f)(i)) of the Local Government Official Information and Meetings Act 1987.

The meeting adjourned at 10.27am and reconvened

in Public Excluded at 10.29am

The meeting closed with a karakia at 11.10am

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

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

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

Committee Members	Chair: Councillor Price Members: Mayor Wise, Deputy Mayor Brosnan, Councillors Boag, Browne, Chrystal, Crown, Greig, Mawson (Deputy Chair), McGrath, Simpson, Tareha and Taylor Ngā Mānukanuka o te Iwi representatives – Coralee Thompson and Tiwana Aranui
Officers Responsible	Executive Director Infrastructure Services
Administration	Governance Team
	Next Sustainable Napier Committee Meeting Thursday 16 May 2024

Chairperson	Councillor Price
Deputy Chairperson	Councillor Mawson
Membership	Mayor and Councillors (13) Ngā Mānukanuka o te Iwi (Māori Committee) (2)
Quorum	8
Meeting frequency	At least 6 weekly (or as required)
Officer Responsible	Executive Director Infrastructure Services

Meeting Date:	Thursday 11 April 2024
Time:	9.30am
Venue:	Large Exhibition Hall War Memorial Centre Marine Parade Napier
	Livestreamed via Council’s Facebook page