I hereby give notice that an ordinary meeting of the Rodney Local Board Parks, Culture and Community Development Committee will be held on:
Date: Time: Meeting Room: Venue:
|
Monday, 8 August 2016 2.00pm Rautawhiri
Park Hall |
Rodney Local Board Parks, Culture and Community Development Committee
OPEN AGENDA
|
MEMBERSHIP
Chairperson |
Beth Houlbrooke |
|
Deputy Chairperson |
Greg Sayers |
|
Members |
James Colville |
|
|
Warren Flaunty, QSM |
|
|
Steven Garner |
|
|
Thomas Grace |
|
|
John McLean |
|
|
Phelan Pirrie |
|
|
Brenda Steele |
|
(Quorum 5 members)
|
|
Raewyn Morrison Local Board Democracy Advisor
1 August 2016
Contact Telephone: (09) 427 3399 Email: raewyn.morrison@aucklandcouncil.govt.nz Website: www.aucklandcouncil.govt.nz
|
Board Member |
Organisation |
Position |
James Colville |
St Marys Church Wellsford, Parish Council Federated Farmers Auckland Wellsford Drama Club Wellsford Promotions Landowners and Contractors Protection Assn. |
Member Member Member Member Member |
Warren Flaunty, QSM |
Westgate Pharmacy Ltd NorSGA Properties Ltd The Trust Community Foundation Ltd Henderson-Massey Local Board Waitemata District Health Board Taupaki Residents and Ratepayers Assn. North West Pharmacy |
Contractor/Director Director Director Member Elected Member Member Contractor/Director |
Steven Garner (Deputy Chairperson) |
Mahurangi College Board of Trustee Warkworth Tennis and Squash Club |
Trustee Member |
Thomas Grace |
Kumeu Rotary South Kaipara Community Patrol Rally New Zealand Targa New Zealand Waimauku Lions Auckland Conservation Board Federated Farmers Northern Sports Car Club Graceland Properties Kumeu Community Patrol |
President Member Member Member Member Member Member Member Director Member |
Beth Houlbrooke |
Greater Auckland Chorus (Charitable Trust) Sweet Adelines New Zealand (Charitable
Trust) Baddeleys and Campbells Beach Residents and Ratepayers Assn. Kawau Island Boat Club |
Member Member
Contractor Member
Member |
John McLean |
Albany CoCo De Paul House Furniture for Schools Charitable Trust Newpark Financial Coatesville Residents and Ratepayers Association |
Member Supporter Trustee Shareholder Member |
Phelan Pirrie |
Muriwai Environmental Action Community Trust North West District Business Association Muriwai Community Association Muriwai Volunteer Fire Brigade Best Berries (NZ) Ltd |
Trustee
Member Member Officer in Charge Director/Shareholder |
Greg Sayers |
Rotary Club of Auckland Neighbourhood Support Rodney |
Member Member |
Brenda Steele (Chairperson) |
Te Uri o Hau Ngati Whatua o Kaipara Kaipara Cruising Club |
Beneficiary Beneficiary Member |
Rodney Local Board Parks, Culture and Community Development Committee 08 August 2016 |
|
1 Welcome 5
2 Apologies 5
3 Declaration of Interest 5
4 Confirmation of Minutes 5
5 Leave of Absence 5
6 Acknowledgements 5
7 Petitions 5
8 Deputations 5
8.1 Helensville Art Centre 5
8.2 Proposal for a bike and skatepark at Warkworth Showgrounds 6
8.3 Kumeu Arts Centre 6
9 Public Forum 6
9.1 Pasifika event at Mahurangi College 6
10 Extraordinary Business 7
11 Notices of Motion 7
12 Rodney Greenways Plan, Riverhead/Kumeu/Huapai/Waimauku - Open Consultation 9
13 Special Exemption (Section 6) Fencing of Swimming Pools Act 1987 27
14 Deputation/Public Forum Update 31
15 Rodney Local Board Workshop Records 35
16 Consideration of Extraordinary Items
PUBLIC EXCLUDED
17 Procedural Motion to Exclude the Public 43
13 Special Exemption (Section 6) Fencing of Swimming Pools Act 1987
a. 79 Potter Road, Coatesville
b. 20 Crabb Fields Lane, Riverhead
c. 4 Orchard Terrace, Riverhead
d. 275 Wishart Road, RD2, Helensville
e. 850 Coatesville-Riverhead Highway, Coatesville
1 Welcome
2 Apologies
An apology from Member WW Flaunty has been received.
3 Declaration of Interest
Members are reminded of the need to be vigilant to stand aside from decision making when a conflict arises between their role as a member and any private or other external interest they might have.
4 Confirmation of Minutes
That the Rodney Local Board Parks, Culture and Community Development Committee: a) confirm the ordinary minutes of its meeting, held on Monday, 13 June 2016, as a true and correct record.
|
5 Leave of Absence
At the close of the agenda no requests for leave of absence had been received.
6 Acknowledgements
At the close of the agenda no requests for acknowledgements had been received.
7 Petitions
At the close of the agenda no requests to present petitions had been received.
8 Deputations
Standing Order 3.20 provides for deputations. Those applying for deputations are required to give seven working days notice of subject matter and applications are approved by the Chairperson of the Rodney Local Board Parks, Culture and Community Development Committee. This means that details relating to deputations can be included in the published agenda. Total speaking time per deputation is ten minutes or as resolved by the meeting.
Purpose 1. Representatives from Helensville Art Centre will be in attendance to give a presentation to the Rodney Local Board on the activities of the art centre.
|
Recommendation/s That the Rodney Local Board Parks, Culture and Community Development Committee: a) thank the representatives from Helensville Art Centre on their presentation regarding activities of the art centre.
|
Purpose 1. Representatives from Kumeu Art Centre will be in attendance to give a presentation on the activities of the Kumeu Art Centre and to discuss the proposed redevelopment of the art centre.
|
Recommendation/s That the Rodney Local Board Parks, Culture and Community Development Committee: a) thank the representatives from the Kumeu Art Centre for their presentation on the activities of the art centre and the proposal for redevelopment of the art centre.
|
9 Public Forum
A period of time (approximately 30 minutes) is set aside for members of the public to address the meeting on matters within its delegated authority. A maximum of 3 minutes per item is allowed, following which there may be questions from members.
Purpose 1. Neville Johnson will give a presentation on the proposed Pasifika event at Mahurangi College.
|
Recommendation/s That the Rodney Local Board Parks, Culture and Community Development Committee: a) thank Neville Johnson for his presentation on the Pasifika event that is proposed to be held at Mahurangi College in 2016.
|
10 Extraordinary Business
Section 46A(7) of the Local Government Official Information and Meetings Act 1987 (as amended) states:
“An item that is not on the agenda for a meeting may be dealt with at that meeting if-
(a) The local authority by resolution so decides; and
(b) The presiding member explains at the meeting, at a time when it is open to the public,-
(i) The reason why the item is not on the agenda; and
(ii) The reason why the discussion of the item cannot be delayed until a subsequent meeting.”
Section 46A(7A) of the Local Government Official Information and Meetings Act 1987 (as amended) states:
“Where an item is not on the agenda for a meeting,-
(a) That item may be discussed at that meeting if-
(i) That item is a minor matter relating to the general business of the local authority; and
(ii) the presiding member explains at the beginning of the meeting, at a time when it is open to the public, that the item will be discussed at the meeting; but
(b) no resolution, decision or recommendation may be made in respect of that item except to refer that item to a subsequent meeting of the local authority for further discussion.”
11 Notices of Motion
At the close of the agenda no requests for notices of motion had been received.
Rodney Local Board Parks, Culture and Community Development Committee 08 August 2016 |
|
Rodney Greenways Plan, Riverhead/Kumeu/Huapai/Waimauku - Open Consultation
File No.: CP2016/16218
Purpose
1. To outline the approach and seek approval to proceed with the next phase of ‘Open Consultation’ on the Greenways Plan for Riverhead/ Kumeu/ Huapai/ Waimauku.
Executive summary
2. The Rodney Local Board, Parks, Culture and Community Development Committee, at their 16 November 2015 meeting, received the methodology and budget expenditure for the two current Rodney Greenways Plans (1. Riverhead/ Kumeu/ Huapai/ Waimauku and 2. Warkworth/ Matakana/ Snells Beach). Following the meeting, the methodology was aligned with a project programme to ensure delivery of Riverhead/ Kumeu/ Huapai/ Waimauku before the end of December 2016 and Warkworth/ Matakana/ Snells Beach, before the end of May 2017.
3. The project programme remains on track following completion of research including local board member, internal, external and Iwi stakeholder engagement workshops, and ‘targeted’ public consultation sessions.
4. The project is now at a point where approval is required from the local board to move to the ‘open’ consultation phase.
5. Open Consultation information and maps have been produced (Attachment A), which will be utilised to consult on the final development of a plan for local board approval. The proposal is to consult the public in accordance with the draft Open Consultation engagement plan (Attachment B).
6. The project team is on target to present back to the local board, a final draft for approval at their December 2016 business meeting.
That the Rodney Local Board Parks, Culture and Community Development Committee: a) approve the proposed approach and materials for open consultation on the Greenways Plan for Riverhead/ Kumeu/ Huapai/ Waimauku, as detailed in Attachments A and B to the agenda report.
|
Comments
7. In November 2015, the Rodney Local Board, Parks, Culture and Community Development Committee reviewed the methodology and project timeframe for the delivery of a Greenways Plan for Riverhead/ Kumeu/ Huapai/ Waimauku.
8. Following the meeting a project programme was produced. The programme has five key phases:
1) Research (desk and ground based), including GIS mapping;
2) Local board member, internal, external agency stakeholders and Iwi engagement;
3) Targeted consultation with identified interested external stakeholders, including follow up investigation into viability;
4) Open consultation - a wider consultation exercise, extending beyond interested stakeholders; including follow up investigation into viability;
5) Rodney Local Board adoption of the Riverhead/ Kumeu/ Huapai/ Waimauku Greenways Plan.
9. Phases one to three have been completed and the project is now seeking local board approval to progress to the ‘Open Consultation’ phase, which is scheduled to take place from 5 – 30 September.
10. The open consultation process endeavours to engage and consult with a broad range of people and in particular those that do not normally contact or engage with council.
11. Attachment A is the relevant greenways information and maps that will be presented in various formats i.e. hardcopy, digital copies, display panels, summarised versions, promotional flyers / posters etc. either in person, static displays, through Shape Auckland and traditional media and social media. A draft consultation and engagement plan has been produced (Attachment B), which provides an overview of where, when, what and how the open consultation and engagement will take place.
12. The project programme is on target to return to the Rodney Local Board, with a final draft for adoption at their business meeting in December 2016.
Consideration
Local board views and implications
14. The Greenways Plans for Rodney are supported through the Rodney Local Board Plan, local board agreement and Locally Driven Initiatives funding 2015/2016 and 2016/2017 financial years. The Parks, Culture and Community Development Committee reviewed the project methodology and key milestones at their 16 November 2015 business meeting, and members have attended internal stakeholder and targeted consultation engagement sessions.
Māori impact statement
15. Iwi engagement with representatives from Ngāti Whātua o Kaipara (Maunga Whakahii o Kaipara Trust) and Te Kawerau a Maki was held, following initial research and GIS mapping, local board member, internal and external agency stakeholder workshops. Iwi will also be invited to participate through the proposed open consultation channels.
No. |
Title |
Page |
aView |
Open consultation information and maps |
11 |
bView |
Draft open consultation engagement plan |
25 |
Signatories
Authors |
Don Lawson - Parks Advisor |
Authorisers |
Lesley Jenkins - Relationship Manager Mace Ward - General Manager Parks, Sports and Recreation |
Rodney Local Board Parks, Culture and Community Development Committee 08 August 2016 |
|
Special Exemption (Section 6) Fencing of Swimming Pools Act 1987
File No.: CP2016/15726
Purpose
1. This report seeks a decision on the following applications for special exemption from some of the requirements of the Fencing of Swimming Pools Act 1987 (the Act).
Executive Summary
2. Applications for an exemption for swimming or spa pools have been received from the owners of:
· 79 Potter Road, Coatesville
· 20 Crabb Fields Lane, Riverhead
· 4 Orchard Terrace, Riverhead
· 275 Wishart Road, RD2, Helensville
· 850 Coatesville-Riverhead Highway, Coatesville
3. The applications do not comply with the Act. Pool inspectors have inspected the properties and consulted with the applicants. Full assessment reports are attached to this report.
4. The local board must now resolve to grant, grant subject to conditions or decline the exemptions sought.
That the Rodney Local Board Parks, Culture and Community Development Committee : a) grant the application for special exemption as sought for 79 Potter Road, Coatesville with the following conditions: i. that NZS 8500-2006 clause (a-k) is met at all times. ii. The steps are moved 1.2m from the spa when it is not in use iii. that the spa remain in this location.
b) grant the application for special exemption as sought for 20 Crabb Fields Lane, Riverhead with the following conditions: i. that NZS 8500-2006 clause (a-k) is met at all times. ii. the spa pool remain in this location.
c) grant the application for special exemption as sought for 4 Orchard Terrace, Riverhead with the following conditions: i. that NZS 8500-2006 clause (a-k) is met at all times. ii. the spa pool remain in this location.
d) grant the application for special exemption as sought for 275 Wishart Road, RD2, Helensville with the following conditions: i. that NZS 8500-2006 clause (a-k) is met at all times. ii. the spa pool remain in this location.
e) grant the application for special exemption as sought for 850 Coatesville-Riverhead Highway, Coatesville with the following conditions: i. that NZS 8500-2006 clause (a-k) is met at all times. ii. the power socket has a 60 degree angle fillet fitted to make it non-climbable iii . the spa remain in this location.
|
Comments
Background
5. Auckland Council pool inspectors have inspected each property for which an application for special exemption from the Act has been received. In each case, the swimming pool fencing does not comply with the Act. The details of the non-compliance are specified in the attachments to this report.
6. The council’s pool inspectors have consulted with the applicants in each case. The applicants have been made aware of the council’s requirements to ensure fencing is compliant with the Act and they have chosen to seek a special exemption from those requirements.
Legislative implications
7. Compliance with the Act is a mandatory requirement for all pool owners unless exemptions are granted by the local board.
8. The Act requires pool owners to fence their pool, or all or some of the immediate pool area including the pool itself. Specific detail on this is contained in the schedule to the Act. If a pool does not have a complying fence it is an offence under the Act, unless exempt.
9. An exemption can only be granted by the local board after a consideration of the particular characteristics of the property and the pool, other relevant circumstances and taking into account any conditions it may impose. Then, only if “satisfied that an exemption would not significantly increase the danger to young children”, can an exemption be granted.
10. The definition of the immediate pool area, which is “the land in or on which the pool is situated and as much of the surrounding area that is used for activities or purposes related to the use of the pool”, is a key consideration for granting an exemption.
11. Where a building forms part of the pool fence and there are doors opening into the pool area, the local board may grant an exemption from compliance with clauses 8 and 10 of the schedule to the Act. If the local board is satisfied that compliance with the Act is impossible, unreasonable or in breach of any other Act, regulation or bylaw an exemption can be given if the door(s) are fitted with a locking device that when properly operated prevents the door(s) from being readily opened by children under the age of six years.
12. When granting a special exemption the local board may impose reasonable conditions relating to the property or the pool or reflecting other relevant circumstances. These may include:
a) Making the exemption personal to the applicant so that on a sale of the property a new owner will need to apply for a new exemption
b) Granting the exemption for a fixed term irrespective of changes of ownership
13. Any exemption granted or condition imposed may be amended or revoked by the local board by resolution. The rules of natural justice would however dictate that this action should not be taken without informing the pool owner and giving them the opportunity to be heard.
Consideration
Local board views and implications
14. Local boards have delegated authority to approve exemptions to the Fencing of Swimming Pools Act.
Before making an exemption, the local board must consider:
· the particular characteristics of the property and the pool
· any other relevant circumstances
· conditions that it may consider necessary to impose.
15. The local board must also be satisfied that the exemption would not significantly increase the danger to young children.
16. The local board may resolve to grant, grant subject to conditions, or decline the application for special exemption.
17. If the application is declined the applicant will be required to fence the pool in accordance with the Act.
Maori impact statement
18. There are no particular impacts on Maori that are different from those of other pool owners.
Implementation
19. The decision must be made by resolution.
No. |
Title |
Page |
aView |
79 Potter Road, Coatesville (Under Separate Cover) - Confidential |
|
20 Crabb Fields Lane, Riverhead (Under Separate Cover) - Confidential |
|
|
4 Orchard Terrace, Riverhead (Under Separate Cover) - Confidential |
|
|
275 Wishart Road, RD2, Helensville (Under Separate Cover) - Confidential |
|
|
850 Coatesville-Riverhead Highway, Coatesville (Under Separate Cover) - Confidential |
|
Signatories
Authors |
Phillip Curtis - Senior Swimming Pool Specialist |
Authorisers |
Sally Grey - Manager Weather Tightness & Compliance Lesley Jenkins - Relationship Manager |
Rodney Local Board Parks, Culture and Community Development Committee 08 August 2016 |
|
Deputation/Public Forum Update
File No.: CP2016/15723
Purpose
1. As part of its business meetings Rodney Local Board Parks, Culture and Community Development Committee has a period of time set aside for Deputations/Presentations and Public Forum during which time members of the public can address the local board on matters within its delegated authority.
Executive Summary
2. Under Standing Orders there is provision for Deputations/Presentations to the local board. Applications for Deputations/Presentations must be in writing setting forth the subject and be received by the Relationship Manager at least seven working days before the meeting concerned, and subsequently have been approved by the Chairperson. Unless the meeting determines otherwise in any particular case, a limit of ten minutes is placed on the speaker making the presentation.
3. Standing Orders allows three minutes for speakers in Public Forum.
4. Requests, matters arising and actions from the Deputations/Presentations and Public Forum are recorded and updated accordingly. The Rodney Local Board Parks, Culture and Community Development Committee Deputations/Presentations and Public Forum Update is attached as Attachment A.
That the Rodney Local Board Parks, Culture and Community Development Committee: a) receive the Deputation/Public Forum Update.
|
No. |
Title |
Page |
aView |
Deputation/Public Forum Update |
33 |
Signatories
Authors |
Raewyn Morrison - Local Board Democracy Advisor |
Authorisers |
Lesley Jenkins - Relationship Manager |
Rodney Local Board Parks, Culture and Community Development Committee 08 August 2016 |
|
Rodney Local Board Workshop Records
File No.: CP2016/15724
Purpose
1. Attached is the Rodney Local Board Parks, Culture and Community Development Committee workshop record for Tuesday 7 June and Monday 4 July 2016.
Executive Summary
2. The Rodney Local Board holds regular workshops. The Rodney Local Board Transport Planning and Infrastructure Committee and the Rodney Local Board Parks, Culture and Community Development Committee also hold regular workshops. Records of workshops are included in the relevant committee business agendas.
3. Attached for information are the records of the most recent workshop meetings of the Rodney Local Board Parks, Culture and Community Development Committee.
That the Rodney Local Board Parks, Culture and Community Development Committee: a) workshop record for Tuesday 7 June and Monday, 4 July 2016 be accepted.
|
No. |
Title |
Page |
aView |
Workshop records 7 June |
37 |
bView |
Workshop records 4 July |
39 |
Signatories
Authors |
Raewyn Morrison - Local Board Democracy Advisor |
Authorisers |
Lesley Jenkins - Relationship Manager |
Rodney Local Board Parks, Culture and Community Development Committee 08 August 2016 |
|
Exclusion of the Public: Local Government Official Information and Meetings Act 1987
That the Rodney Local Board Parks, Culture and Community Development Committee:
a) exclude the public from the following part(s) of the proceedings of this meeting.
The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution follows.
13 Special Exemption (Section 6) Fencing of Swimming Pools Act 1987 - Attachments a – E
Reason for passing this resolution in relation to each matter |
Particular interest(s) protected (where applicable) |
Ground(s) under section 48(1) for the passing of this resolution |
The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7. |
s7(2)(a) - The withholding of the information is necessary to protect the privacy of natural persons, including that of a deceased person. In particular, the report contains personal information. |
s48(1)(a) The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7. |