Agenda of Council Meeting

Council Meeting Agenda

10 December 2020

9 Reports

9.1 Takutai Kapiti: Officer's report to accompany co-design working group report.

Author: Lyndsey Craig, Coastal Manager

Authoriser: Sean Mallon, Group Manager Infrastructure Services

Purpose of Report

1 This report accompanies the Takutai Kāpiti Co-Design Working Group report (Appendix One).

2 This report supports recommendations outlined in the Co-Design Working Group report with regard to:

2.1 Community Assessment Panel design;

2.2 Community Assessment Panel scope;

2.3 Takutai Kāpiti project governance; and

2.4 Community Assessment Panel appointment process.

3 This report seeks:

3.1 Council approval of the Community Assessment Panel composition recommended in this Officer’s report.

3.2 Council approval of the revised Community Assessment Panel fees recommended in this Officer’s report.

Delegation

4 The Council has the delegated authority to consider this matter.

Background

5 The Takutai Kāpiti Project (The Project) involves establishment of a Community Assessment Panel (CAP) consisting of iwi, community and other key stakeholder’s/agency representatives to consider the Districts response to the impacts of climate change on the coast.

6 To provide advice to Council on the proposed make up and scope of work associated with the CAP, a Co-Design Working Group (Working Group) was established in May 2020. This group was also to participate in the evaluation and procurement of Coastal Science and Engineering Services for The Project.

7 The background and membership of the Working Group is set out in the accompanying Working Group report. The Working Group developed and agreed upon a Terms of Reference (Appendix Two). This outlines the key group outputs and a consensus decision making model for reaching agreement on those matters.

Issues

8 The recommendations outlined in the Working Group report were reached by consensus, with the exception of CAP composition. Further consideration of this matter is provided in the Tangata Whenua section of this Officer’s report.

9 The Working Group report recommends payment for CAP members. However, the recommended figures do not align with the current Council fees framework for non-elected members. Consideration of this matter is outlined in the Financial section of this report.

10 The Working Group initially discussed a three-Panel design for the CAP. A multiple-panel model could not be delivered for The Project due to the additional cost implications and impact on the overall timeframe. As such discussions with the Working Group proceeded on the basis of a single-panel model.

11 The Project will utilise the single-panel approach to provide:

· District-wide overview and consistency.

· Scope to allow the CAP to work by sub-topic, rohe, catchment, and geographic location (as deemed appropriate), based upon the specialist advice received.

· Flexibility to meet outcomes sought through a multi-panel approach.

Considerations

Policy considerations

12 The CAP does not have authority for making policy decisions. The CAP will provide opinion and recommendations to Council on coastal adaptation options for consideration.

13 The recommendations should also help guide the future development of District Plan provisions to manage coastal issues and an approach for the district dealing with coastal hazards.

Legal considerations

14 Council has signed agreements between Coastal Ratepayers United (CRU) and North Ōtaki Beach Residents Group (NOBRG), in settlement of both groups’ claims, with regard to coastal hazard provisions in the District Plan.

15 These agreements both contain obligations by Council to:

15.1 engage with and involve the community early (including the two parties to the agreements) in the process of addressing coastal hazards;

15.2 evaluation of a range of options for coastal hazard management;

15.3 consultation with the community in relation to proposed management responses to the coastal hazard problem(s) identified; and

15.4 prior to formally notifying a coastal hazards plan under Schedule 1 of the Resource Management Act, release a draft for public consultation.

16 It isn’t possible to eliminate completely the risk of further legal challenge being sought, however, the Council’s legal advice is that there is very low prospect of either party being able to successfully challenge the current process.

17 The current process has allowed for:

17.1 Working to establish iwi involvement and partnership;

17.2 Establishing a work programme to meet the objectives of a community-led coastal adaptation project (in line with central government guidance);

17.3 To ensure robust and comprehensive community engagement in line with commitments made in the agreements with NOBRG and CRU (as outlined above); and

17.4 The pre-planning phase, involving NOBRG and CRU, which has culminated in the Working Group report and recommendations which this paper accompanies.

Financial considerations

18 The Working Group report recommends payment of the Chair and CAP members. Should Council approve this recommendation, Officers advise that the amounts payable be adjusted in line with the current fees framework for non-elected members.

19 A breakdown of these costings for the CAP process are outlined in the table below.

Position	Working Group recommendations	Officer report recommendations
Chair x 2 (meeting attendance and preparation)	$750	$575
Member x 12 (meeting attendance and preparation)	$120	$206
TOTAL (based upon 12 meetings)	$35,280	$43,464

20 Reimbursement of expenses would be paid in addition to the meeting fees.

Tāngata whenua considerations

21 In early- 2020 an ART Coastal Advisory Group (ARTCAG) with one representative from each of the ART Confederation iwi was established.

22 The ART Confederation represents the three iwi with mana whenua interests in the Kāpiti District.

23 The purpose of the ARTCAG was to make decisions on behalf of the ART Confederation relating to the CAP Design.

24 An ARTCAG representative attended the Working Group meetings until June 2020. The remaining Working Group meetings proceeded with input from Ngāti Toa representatives and Ngā Hapū o Ōtaki representatives with the exception of the October meetings, at which no iwi representatives were able to attend.

25 The representative of ARTCAG advocated for establishment of three-Panels and balanced iwi representation.

Number of Panels

26 The rationale provided for three-Panels was to allow for a rohe/ catchment approach whereby Iwi Panel members are not placed in a situation of being considered decision-makers for other iwi coastal areas.

27 This was considered particularly important given the Marine and Coastal Area Act (MACA) claims that each of the three iwi have made in regards to their Takutai Moana and that a single-Panel approach is inconsistent with their Rangatiratanga to their respective coastal marine area.

Iwi Panel member representation

28 The number of representatives suggested in the Working Group paper shows iwi as a minority number (4 alongside 6- 8).

29 Given the single-Panel approach, an iwi representative may find themselves as the sole mandated mana whenua representative on decisions impacting their rohe, amidst multiple representatives from Crown agencies, the community and other iwi. Increased iwi CAP member representation would address this concern.

30 The Resource Management Act and New Zealand Coastal Policy Statement highlight the need for recognition and provision for the relationship of Māori with their coastal and freshwater taonga.

31 Diversity and alignment of community, iwi/ hapῡ and stakeholder values as part of a public engagement process, is also an important approach identified in the Coastal Hazards and Climate Change guidance for Local Government, produced by The Ministry for the Environment.

Single-Panel approach and iwi representation

32 A multiple-Panel model could not be delivered for The Project due to the additional cost implications and impact on the overall timeframe. It was also considered that a single-Panel approach could be structured in a way, so as to mitigate some of the iwi concerns raised.

Te Whakaminenga of Kāpiti

33 Iwi representatives were unable to attend the October Working Group meetings and Council officers attended a meeting of Te Whakaminenga o Kāpiti (TWoK) to discuss next steps with regard to the The Project on 24 November 2020.

34 TWoK is a pan-iwi advisory group to Council and consists of mandated iwi representatives from Ngāti Toa Rangatira and Ngā Hapῡ o Ōtaki.

35 At that TWoK meeting the following Panel representation recommendation was supported:

Community Assessment Panel Composition
CAP Members: Speaking & voting rights	Maximum number	CAP Observers: No voting rights	Maximum number
Chair Kaumātua Residents/ Community Iwi Department of Conservation (DOC) (Asset interests) GWRC (Asset Interests) KCDC (Asset Interests)	1 1 6 6 1 1 1	GWRC: Climate change portfolio holder Councillor Nash KCDC: Climate change portfolio holder Councillor Handford KCDC Kaumātua Other Community Board (CB) Members	1 1 1 4 (1 from each CB)
TOTAL	17	TOTAL	7

36 Council officers circulated this updated table with the Working Group following the TWoK meeting, asking for feedback and indication of approval.

37 As consensus was not received from all Working Group representatives, the table of CAP composition was not updated in the Working Group report.

38 Council officers recommend that the CAP composition model presented in this Officers report at paragraph 35 is adopted for The Project.

39 It is also considered a model more reflective of the status of our Kāpiti Mana Whenua as Tiriti partners.

Significance and Engagement

Significance policy

40 This matter has a moderate degree of significance under Council’s Significance and Engagement Policy.

Engagement planning

41 A communication and engagement plan is being developed for the next phase of the The Project.

42 This will include promotion of the next phase of The Project, advertising and recruitment of CAP members as well as ongoing project updates and publication of CAP agendas and minutes.

43 It will utilise a number of approaches including the dedicated Takutai Kāpiti website, Council social media channels, local media and attendance of Officers at planned Council events.

Publicity

44 Council’s decision will be publicised through the usual communication channels.

Recommendations

45 That Council approve the recommendations outlined in the Co-Design Working Group report with regard to:

45.1 Community Assessment Panel design;

45.2 Community Assessment Panel scope;

45.3 Takutai Kāpiti project governance; and

45.4 Community Assessment Panel appointment process.

46 That Council approves the Community Assessment Panel composition recommended in this Officers report at paragraph 35.

47 That Council approves the revised Community Assessment Panel fees in line with the current Council fees framework for non-elected members.

Appendices

1. Appendix One: Co-Design Working Group Report ⇩

2. Appendix Two: Co-Design Wokring Group ToR ⇩

Council Meeting Agenda

10 December 2020

9.2 Reports and Recommendations from Standing Committees and Community Boards

Author: Tanicka Mason, Democracy Services Advisor

Authoriser: Janice McDougall, Group Manager People and Partnerships

Purpose of Report

1 This report presents reports and recommendations considered by Standing Committees and Community Boards from 4 September 2020 to 24 November 2020

Background

2 Meetings took place on the following dates:

Grants Allocation Subcommittee (Districtwide Facilities for Hire Remission)	17 September 2020
Ōtaki Community Board	22 September 2020
Strategy and Operations Committee	24 September 2020
Audit and Risk Subcommittee	24 September 2020
Waikanae Community Board	29 September 2020
Paekākāriki Community Board	6 October 2020
Paraparaumu-Raumati Community Board	13 October 2020
Grants Allocation Subcommittee (Creative Communities Scheme)	22 October 2020
Strategy and Operations Committee	5 November 2020
Ōtaki Community Board	10 November 2020
Audit and Risk Subcommittee	12 November 2020
Waikanae Community Board	17 November 2020
Strategy and Operations Committee	19 November 2020
Paraparaumu-Raumati Community Board	24 November 2020

3 In addition, the following meetings took place:

Te Whakaminenga o Kāpiti 29 September 2020, 24 November 2020

Older Person’s Council 30 September 2020, 28 October 2020

Kāpiti Coast Youth Council 12 October 2020

Grants Allocation Subcommittee (Districtwide Facilities for Hire Remission)

4 Grants Allocation Subcommittee (Districtwide Facilities for Hire Remission) met on 17 September 2020 to discuss the following:

· Applications for Districtwide Facility Hire Remission.

Ōtaki Community Board

5 The Ōtaki Community Board met on 22 September 2020 to discuss the following:

· Consideration of Applications for Funding.

· Confirmation of Minutes

· Matters Under Action

6 The Ōtaki Community Board also met on 10 November 2020 to discuss the following:

· PP2O Update

· Ōtaki Gorge Road intersection, construction and road closure.

· Notice of Motion - Local Alcohol Policy (LAP)

· Notice of Motion - Ōtaki Railway Station and platform

· Consideration of Applications for Funding

· Amendments to Standing Orders for Meetings of Ōtaki Community Board

· Ōtaki Community Board - Draft Calendar of meetings 2021

· Confirmation of minutes

· Matters Under Action

Strategy and Operations Committee

· The Strategy and Operations Committee met on 24 September 2020 to discuss the following:

· Zeal Kāpiti Report Back

· Draft Beach Bylaw 2021 – Approval for public consultation

· Economic Development Kotahitanga Board

· Confirmation of Minutes

· Confirmation of Public Excluded Minutes

7 Strategy and Operations Committee also met on 5 November 2020 to discuss the following:

· Local Government Funding Agency's 2020/21 Statement of Intent

· Confirmation of The Council's Vote at The Local Government Funding Agency's 2020 Annual General Meeting

· The Local Government Funding Agency 2019/20 Annual Report

· Decision on Proposed District Plan Variation 2 - Waikanae Beach Rezoning and Amendments to the Beach Character Setback Margin Provisions

8 Strategy and Operations Committee also met on 19 November 2020 to discuss the following:

· Finance Report as at 30 September 2020

· Contracts Under Delegated Authority

· Restricting Psychoactive Substances

· 2018-2021 Policy Work Programme Update

· SOLGM submission on extending the Government Procurement Rules

· Activity Reports for the Period 1 July 2020 to 30 September 2020

· Airport Noise Community Liaison Group - Appointment of Chairperson

Audit and Risk Subcommittee

9 The Audit and Risk Subcommittee met on 24 September 2020 to discuss the following:

· Audit Report to Management for the year ended 30 June 2020

· Closing Report from Audit for the year ended 30 June 2020

· Draft Annual Report for 2019/20

· Confirmation of minutes

· Confirmation of Public Excluded Minutes

10 The Audit and Risk Subcommittee also met on 12 November 2020 to discuss the following:

· Quarterly Treasury Compliance Report

· Risk Management - Business Assurance Update

· Health and Safety Quarterly Report: 1 July 2020 - 30 September 2020

· Confirmation of minutes

· Confirmation of Public Excluded Minutes

· Update on litigation status, statutory compliance issues and investigations

Waikanae Community Board

11 Waikanae Community Board met on 29 September 2020 to discuss the following:

· Te Moana Road Safety Improvements

· Consideration of Applications for Funding

· Update on Police activity in Waikanae

· Confirmation of Minutes

· Matters Under Action

12 Waikanae Community Board also met on 17 November 2020 to discuss the following:

· Consideration of Applications for Funding

· Waikanae Community Board - Draft Calendar of meetings 2021

· Development of Waikanae Park

· Matters Under Action

· Update from Greater Wellington Regional Council

· Update on Traffic Bylaw review

· Update on Innovative Streets funding

· Update from Nga Manu Nature Reserve

· Confirmation of minutes

Paekākāriki Community Board

13 Paekākāriki Community Board met on 6 October 2020 to discuss the following:

· Consideration of Funding Applications

· Update on Transmission Gully Interchange

· Confirmation of Minutes

· Matters Under Action

Paraparaumu-Raumati Community Board

14 Paraparaumu-Raumati Community Board met on 13 October 2020 to discuss the following:

· Consideration of Applications for Funding

· Road Naming – RM180070 Rimutaka Street - Subdivision

· Restoration of Queen Elizabeth Park

· Verbal Update on the SH1 Revocation Project – Rongamai Bridge to Ihakara Street

· Confirmation of Minutes.

· Matters Under Action

15 Paraparaumu-Raumati Community Board also met on 24 November 2020 to discuss the following:

· Paraparaumu/Raumati Community Board - Draft Calendar of meetings 2021

· Consideration of Applications for Funding

· Notice of Motion - Proposal for a Returned and Services Memorial at MacLean Park, Paraparaumu Beach

· Coastlands Aquatic Centre - Alison Law and Steve Millar

· Rimu Road Project

· Confirmation of minutes

· Matters Under Action

Te Whakaminenga o Kāpiti

16 Te Whakaminenga o Kāpiti met on 29 September 2020 to discuss the following:

· Confirmation of minutes

· Iwi feedback on consideration of a Māori Ward

· Waitangi Day 2021

· Report on the Independent Organisational Review and Council Officers' Response

· Matters under action

17 Te Whakaminenga o Kāpiti also met on 24 November 2020 to discuss the following:

· Confirmation of minutes

· Takutai Kāpiti: Community-led Coastal Adaption Project

· Destination Management Plan for Greater Wellington region and Kāpiti

· Māori Economic Development Grants 2020/2021

· Amendments to Terms of Reference and Meeting Protocol

· Te Whakaminenga o Kapiti matters under action

· Waitangi Day Virtual/Online project preparations

Older Person’s Council

18 The Older Person’s Council met on 30 September 2020 to discuss the following:

· Welcome and safety briefing

· Apologies

· Previous Minutes

· Guest Speakers

· CWB Advisory Group Update every second month and items to take to group every other month

· Road Safety Advisory Group Update every second month and items to take to group every other month

· Report back from workgroups

· Round the table discussion

19 The Older Person’s Council also met on 28 October 2020 to discuss the following:

· Welcome and safety briefing

· Apologies

· Previous Minutes

· Discussion regarding Chairperson

· CWB Advisory Group Update every second month and items to take to group every other month

· Road Safety Advisory Group Update every second month and items to take to group every other month

· Report back from workgroups

· Round the table discussion

Kāpiti Coast Youth Council

20 The Kāpiti Coast Youth Council met on 12 October 2020 to discuss the following:

· Formal welcome to new members

· ZEAL Update

· Councilor’s Update

· Long Term Plan Update

· Think Big Update

· Work Ready Kāpiti Update

· Te Anamata Update

· Kāpiti Youth Support Update

· Human Library

· Tech Help Update

· Secrets of Kāpiti

· Kāpiti Enviro Youth Summit

· Pride Project

· Ōtaki Pool Heater

· Water Fountains Update

Recommendations

21 That Council approves the following recommendation:

That the Waikanae Community Board makes available a sum of $50,000 from the Waikanae Capital Improvement Fund to contribute to the cost of funding a modular pumptrack at Waikanae Park.

22 That Council considers the following recommendation:

That the Ōtaki Community Board requests that the Council prioritises a Local Alcohol Policy for Ōtaki (or the district), the process of which is to be started immediately at the conclusion of the Beach Bylaw review currently underway or earlier if resources permit.

Appendices

Nil

Council Meeting Agenda

10 December 2020

9.3 Kapiti Solid Waste Management & Minimisation Bylaw adoption

Author: Nienke Itjeshorst, Sustainability & Resilience Manager

Authoriser: Sean Mallon, Group Manager Infrastructure Services

Purpose of Report

1 This report is to present Council with a summary of matters arising from the consultation on the Draft Kāpiti Coast District Council Solid Waste Management & Minimisation Bylaw (hereafter referred to as the Bylaw) and to seek approval to adopt the reviewed Solid Waste Management and Minimisation Bylaw 2021.

Delegation

2 Section 143 of the Local Government Act 2002 gives Council the power to make a bylaw.

Background

3 The Wellington Regional Waste Management and Minimisation Plan 2017-2023 (WMMP) was adopted by each council in the Wellington region in 2017, providing for a series of regional and local actions to support the primary goal of reducing the amount of waste to landfill from 600kg per person per year to 400kg by 2026.

4 The review, implementation and enforcement of a regionally consistent Solid Waste Management and Minimisation Bylaw (Bylaw) is the primary action for both the regional action plan, and each council’s local action plans.

5 Over the last three years, councils in the Wellington region have worked collaboratively to develop a regionally consistent Bylaw to resolve the key issues that all Councils wanted to address in the Bylaw review:

· The upward trend in waste generated per person per year;

· The need to reduce construction and demolition (C&D) waste;

· Managing and minimising waste generated at public events;

· Provision of waste management and services at multi-unit developments;

· Littering and public nuisance caused by unaddressed mail and advertising; and

· Waste data reporting.

6 Each council in the Wellington region has now consulted on the proposed Bylaw, except for the three Wairarapa councils who have started consulting for 4 weeks at the end of October. The Wairarapa Councils however have considered the feedback from the rest of the region received through the submissions, and have incorporated the regionally consistent themes into their statement of proposal for adoption in anticipation of similar feedback from their local community.

7 It is the intention that all councils will deliberate and adopt their respective Bylaws to come into force before the end of February 2021, except for the clauses for which another time frame has been included in each of the Bylaws.

8 All Councils except for Kāpiti are adopting that the licensing of collectors and operators comes into force after 24 months. As Kāpiti already licenses its collectors and operators, this requirement will come into force immediately.
Kāpiti is also implementing the events waste management clause earlier than other Councils (after 6 months instead of 12 months) as a similar clause already exists in the current 2010 Solid Waste Bylaw and most larger events already implement the zero waste events approach. Clause 12 Multi-Unit Developments requirements comes into force after 6 months.

9 With regard to the implementation of the requirement to submit a Waste Management and Minimisation Plan for building projects over a certain $ value (clause 14), Kāpiti is not setting a timeframe for when this requirement come into force, until recovery options for this waste stream have been developed and implemented in the District. This project is part of the strategic waste working programme and will include engagement with stakeholders, also with regard to the $ value threshold to be set in Kāpiti. It is envisaged that within three years from now, this will be brought back to Council for decision making and implementation.

10 Each council will manage the local aspects of the implementation, and the regionally-consistent aspects will be managed by the regional advisor on behalf of the eight councils.

DISCUSSION AND recommendation

Discussion

11 Consultation of the Bylaw started on 7 August and closed on 11 September 2020.

Kāpiti District submissions

12 Kāpiti received 27 submissions during public consultation which have been provided to Council during the Council meeting of 29 October. Overall support for the Bylaw including the new provisions was high with 96% in agreement.

13 A summary report of the 27 submissions received in Kāpiti it attached to this report as Appendix 1. The submitters will receive a separate reply to any questions, queries or suggestions they have made in their submission, of which a number do not relate directly to the Bylaw clauses as such but addressed wider ‘waste services and recycling concerns’.

14 Suggestions were made with regard to services that are either already in place (education) or are being developed (construction & demolition waste options) or trialled (foodwaste and public recycling bins) at the moment. Three submissions mentioned the need to accompany the Bylaw with a strong enforcement regime. In the next few months a report will be brought to Council to further consider enforcement of littering/illegal dumping.

15 No feedback was provided in the 27 submissions with regard to the proposed Controls based on Clause 7 of the Bylaw and set out in Schedule 1 of the Bylaw.

Regional submissions

16 Five of the eight Councils in the region including Kāpiti have now completed their consultation phases. A total of 241 submissions was received across the region, the majority of these were received by Wellington City Council.

Kāpiti	Porirua	Wellington	Hutt City	Upper Hutt	Wairarapa
27	2	167	37	9	consulting

17 Each council’s consultation document asked a very similar series of questions, this was to enable submissions and submissions themes to be compared regionally.

Overall support for the Bylaw was high across the five councils. Notable themes in the submissions were;

a. Overall support for licensing of waste collectors and operators;

b. Strong support for the requirement of waste planning for events, including requests to make the provision stronger and include more events;

c. Strong support for the provisions related to construction & demolition waste; and

d. Support, particularly in Wellington for provisions to control unaddressed mail and advertising material.

18 The Regional Officers Group discussed the submissions themes and suggestions/questions that had been put forward in the submissions and agreement was reached on proposing a few amendments to the draft Bylaw. These amendments were discussed with the Joint Committee members of each council and feedback was again discussed in the regional group, leading to agreement on the proposed amendments to maintain regional consistency. In addition to these proposed amendments a small number of grammatical edits were made that have no bearing on the content of the Bylaw.

An overview report was prepared by the Regional WMMP Advisor and this provides;

· The recommended amendments to four clauses (in detail) of the draft Bylaw that will be made by all Councils;

· Regional themes that led to the proposed amendments;

· Additional actions/engagement with regard to implementation;

· Regional response statistics of the consultation; and

· A summary of stakeholders and individual feedback.

The overview report is attached to this report as Appendix 2.

Amendments

19 The four clause of the Bylaw where amendments are proposed are

Clause 6 – Interpretation (of Event)

Clause 12 Multi-Unit Developments (MUDs)

Clause 13 Events

Clause 14 Construction & Demolition Waste

20 In Clause 6 Interpretation, the definition of Event was amended to include indoor events as well as outdoor events, and only exclude private indoor functions and regularly occurring recreational indoor activities such as weekly sports events from the requirement of submitting a waste management and minimisation plan for the event. The threshold to trigger an event to be significant and require the WMM plan remains at 1,000 visitors of the duration of the event, for both outdoor and indoor events.

21 In Clause 12 Multi-Unit Developments organic material was added as a waste stream that needs to be considered when designing for adequate provision for management of all waste streams within the premises. A reference to the waste hierarchy (reduce, reuse, recycle, dispose) was also added to this clause to be taken into account when considering waste minimisation implementation in MUDs.

22 Clause 13 Events was amended to include reference to the use of reusable systems and to avoidable waste in addition to diverting waste and recycling. The term for submission of the plan was also extended from 10 days to 30 days before an event which is more in line with other decision making time frames around an event and also allows staff to support the organiser with putting the plan together.

23 Amendments were made to Clause 14 Construction & Demolition Waste to have a more uniform approach as to what is required to be submitted as part of a waste management and minimisation plan. The clause was amended to make all information gathering, submitting and updating mandatory, using ‘must’ rather than ‘may be required by Council’ in the clause.

24 For a detailed reflection of the changes and feedback from stakeholders and individual submitters please refer to Appendix 2.

25 A number of suggestions made by the submitters was considered by the regional officers group but didn’t result in amending clauses as such, but rather to agreeing to do additional engagement or take approaches that would implement some of the suggestions made. Often suggestions related more to implementation rather than to the actual wording of the clauses.

26 These agreed approaches can be summarised as follows:

· when developing a regional licensing fee structure, possible incentives and support for diversion will be considered

· the waste ‘management and minimisation plan’ templates for events, MUDs and construction & demolition projects, will also be made available pro-actively when consents are applied for, even if the thresholds in the Bylaw for submission of a plan are not met (less than 1,000 visitors for an event, under the set $ value for a construction project or a MUD of less than 10 units)

· each council will ensure that the compliance, monitoring and enforcement of the Bylaw is sufficiently resourced

· the councils will work closely with Earthlink and other not-for-profit organisations and charities that handle more than 20 tonnes of waste in any 12-month period when developing licensing requirements

· the councils will consider diversion of resources from landfill when developing the waste operator licensing framework

· as part of the MUD 'Waste Management and Minimisation Plan’ process, councils of the Wellington region intend to develop a regionally-consistent waste space storage calculator that will provide best practice guidance related to the requirement under 12.3 (b) to provide ‘an adequate area’ for waste-related storage.

Controls

27 To enhance transparency, the proposed controls that specify operational standards relevant to waste management and minimisation within the Kāpiti Coast District and that can be set as per clause 7 (Controls) of the Bylaw, have been publicly notified and consulted on together with the draft Bylaw.

28 The proposed controls cover mostly already existing operational standards that currently are incorporated in the 2010 Solid Waste Bylaw provisions but these have been updated where needed to reflect the current waste collections services delivery in the District. The proposed controls are set out in schedule 1 of the Bylaw in Appendix 3 of this report.

29 No feedback was received through the submissions on the proposed controls. One submitter shared her thoughts on the use of open crates for recycling, which is something that is under discussion with the collectors.

RECOMMENDATION

30 It’s recommended that Council

· endorses the outcomes of the public consultation as summarised in Appendices 1 and 2 of this report;

· endorses the deliberations as set out above and in Appendix 2;

· approves the proposed amendments to the draft Bylaw;

· authorises the Chief Executive to make minor editorial changes;

· adopts the Kapiti Coast District Council Solid Waste Management and Minimisation Bylaw 2021; and

· sets the controls as captured in Schedule 1 of the Bylaw as per clause 7 of the Bylaw.

31 Adopting the Bylaw will enable the eight councils of the Wellington Region to start the implementation process of the bylaws and continue to deliver on actions that were agreed in the Wellington Region Waste Management and Minimisation Plan 2017-2023.

Considerations

Policy considerations

32 The main policy document for waste management and minimisation activity is the Wellington Region Waste Management and Minimisation Plan (WMMP) 2017-2023. This collaboratively developed regional-level plan identified as one of the actions the investigation and development of a regional bylaw, or a suite of regionally consistent bylaws.

Legal considerations

33 The Council may make bylaws under sections 145 and 146 of the LGA, for the purposes of:

a) protecting the public from nuisance;

b) protecting, promoting, and maintaining public health and safety;

c) minimising the potential for offensive behaviour in public places;

d) regulating waste management; and

e) regulating solid waste.

34 Under section 56 of the Waste Minimisation Act 2008 Territorial Authorities may make bylaws for a number of purposes including for example for the regulation the collection and transportation of waste.

35 The draft Bylaw including the proposed controls and proposed amendments to the draft Bylaw have been reviewed by legal experts and also by Council’s internal legal team.

36 This regional bylaw process ensures that Kāpiti’s existing 2010 Solid Waste Bylaw is reviewed within the legal timeframes as prescribed by the LGA.

37 The proposed Bylaw will be a new bylaw and will be stablished as a standalone bylaw. Part 7 (Solid Waste Bylaw 2010) of the existing Kapiti General Bylaw 2010 will be revoked.

Financial considerations

38 Any additional work associated with the implementation of the proposed Bylaw and more specifically the assessment of waste minimisation plans is planned to be delivered within the team based on the assumption that two waste minimisation officers will continue to be available.

39 A small budget for enforcement is already included in the waste management operational budgets.

Tāngata whenua considerations

40 Te Whakaminenga o Kāpiti was briefed on 30 June 2020 on the waste issues identified during the review process and on the draft Bylaw provisions that are proposed to manage and regulate those issues. During that meeting no feedback was received from mana whenua present.

41 A further request with background information asking for formal acknowledgement of the draft Bylaw was sent out early November.

42 The Ātiawa ki Whakarongotai Charitable Trust provided a written response where the Trust’s position was set out on the draft Bylaw based on the provided documentation and the Ātiawa ki Whakarongotai values as articulated in their Kaitiakitanga Plan.

43 Officers have responded to the issues and recommendations that were raised and don’t consider that any change the Bylaw is required. Officers believe the issues and questions raised can be accommodated by working in partnership with Ātiawa ki Whakarongotai Charitable Trust when implementing the new Bylaw.

Strategic considerations

44 The proposed draft Bylaw will support Council’s goal of reducing waste to landfill with 30% by 2026, as has been adopted through the 2017 WMMP. A new bylaw with an increased focus on reducing waste to landfill through regulations for waste minimisation also supports emissions reductions.

45 Management of waste and litter in the public space as well as supporting reduction of waste to landfill aligns with Council’s goals of making Kāpiti an attractive and distinctive place, offer a high quality natural environment and supports an Effective Response to Climate Change (emissions reduction).

Significance and Engagement

Significance policy

46 This matter has a low level of significance under Council’s Significance and Engagement Policy.

Consultation already undertaken

47 The draft Bylaw was approved by Council for public consultation on 30 July and consultation took place from 7 August to 11 September.

48 As part of public consultation, stakeholders were also separately notified of the draft Bylaw and invited to two specific walk-in sessions for stakeholders.

Engagement planning

49 A communications and engagement plan was developed as part of this Bylaw review and consultation process.

50 Further engagement is planned with key stakeholders as part of the implementation of the new and amended clauses in the Bylaw. In particular, with regard to the development and implementation of the regional licensing system and for the development of waste minimisation planning for the construction sector. Support and engagement for event organisers will continue and be extended.

Publicity

51 In accordance with the communication and engagement plan that was developed for this bylaw review process, a media advisory which outlines the adoption and main changes in the new bylaw is planned for following the adoption of the Bylaw.

Recommendations

52 That Council receives the report;

53 That Council agrees to the proposed changes to the draft Kapiti Coast District Council Solid Waste Management and Minimisation Bylaw to ensure consistency with all other councils in the Wellington Region;

54 That Council agrees to give the Chief Executive the authority to make minor editorial changes to the Kapiti Coast District Council Solid Waste Management and Minimisation Bylaw 2021;

55 That Council revokes Part 7 Solid Waste Bylaw 2010 from the General Bylaw 2010;

56 That Council adopts the Kapiti Coast District Council Solid Waste Management and Minimisation Bylaw 2021 as a standalone bylaw; and

57 That Council sets controls in accordance with clause 7 of the Kapiti Coast District Council Solid Waste Management and Minimisation Bylaw 2021 as reflected in Schedule 1 of the Kapiti Coast District Council Solid Waste Management and Minimsation Bylaw 2021.

Appendices

1. Kapiti Waste Management and Minimisation Bylaw 2021 - Kapiti submissions summary ⇩

2. Kapiti Waste Management and Minimisation Bylaw 2021 - summary and amendments ⇩

3. Kapiti Coast District Council Waste Management and Minimisation Bylaw 2021 ⇩

Council Meeting Agenda

10 December 2020

Kāpiti Coast District Council

Special Consultation on the Draft Waste Management and Minimisation Bylaw 2020

SUBMISSION SUMMARY

21 September 2020

Total responses: 27

Contents

Part 1: Summary of specific questions. 1

Part 2: Summary of open-ended questions. 5

Appendix 1: Submission questionnaire. 8

Appendix 2: Open-ended responses. 10

Part 1: Summary of specific questions

There were 27 submissions on the Kapiti Coast District Council Proposed Waste Management and Minimisation Bylaw 2021. Of those, 1 submitter had requested to speak at the hearings but once emailed the process decided to retract this request.

The full submission questionnaire in its entirety can be found in Appendix 1. Each question had 27 responses, unless otherwise noted.

Note: The two organisations represented were Grey Power and the Kapiti Food Fair.

Part 2: Summary of open-ended questions

The final question in the submission was an open-ended question asking, ‘Do you have any other comments you would like to make about the proposed Bylaw’?

This section provides a summary of key themes, but the full range of answers can be found in Appendix 2.

The following 8 categories of themes were identified:

1. Collection services

Eight (8) respondents raised the following about collection services:

· Bins obstructing footpaths, making it difficult for others to pass

· Open crates should not be allowed because waste gets blown away (this is not applicable to glass)

· Council needs to increase its monitoring of collectors

· More collection options are needed, particularly smaller bins and less frequent collections - one respondent stated this would encourage waste minimisation, while another respondent suggested this would suit those who don’t produce much waste

· Concerns over multiple providers were raised by 7 of the 8 because:

o there are too many different garbage trucks on the streets, causing congestion, noise pollution, and greenhouse gas emissions; and/or

o while this drives competition for collectors to provide the lowest cost to individuals, it creates an ‘individualised approach to waste management’ which can then contribute to littering and other environmental costs

2. Recycling

Five (5) respondents advocated for the following in relation to recycling:

· Soft plastics and/or unrecyclable plastics (often related to food packaging) are an issue - a recycling solution is needed and/ or an education campaign about how to reduce the use of these plastics

· More public place recycling bins are needed

· Systems for recycling unused goods (particularly for construction waste) are needed – either at the tip (for example) or via some type of online forum.

3. Unaddressed and Advertising mail

Four (4) respondents commented on the proposed restrictions for unaddressed and advertising mail. They wanted to ensure that the restrictions did include the following:

· Newspapers

· Political fliers and election campaign materials

· Public notices on upcoming works that might be occurring in the area (e.g. road or other maintenance projects).

4. Education

Four (4) respondents commented on the need to accompany the Bylaw with ongoing education about:

· How to reduce waste (e.g. practical tips); and

· The availability of waste minimisation grants (particularly for event organisers).

5. Construction and demolition waste

Three (3) respondents commented on the proposed changes for C&D waste. The following concerns were raised:

· If builders / developers are required to submit a waste management plan, the cost for developing this plan and submitting it to Council could be passed on to clients if the costs are too onerous

· More options for recycling C&D waste need to be provided and promoted (see the above section on recycling)

· Some might have an incentive to illegally dump C&D waste if landfill costs are too high.

6. Enforcements

Three (3) respondents commented on the need to ensure that the Bylaw was accompanied by a strong enforcement regime. They said:

· Fines need to be issued for people that litter and/or illegally dump

· Council must increase the monitoring of collectors to ensure the terms of any contracts are met and the services are best practice

· Council must have a robust process in place to respond to any complaints as soon as possible.

7. Multi-unit dwellings

Only one (1) respondent commented on the proposed requirements for multi-unit dwellings stating that this was not a priority for the Kapiti Coast District.

8. Other

Other comments that were raised included:

· Data transparency – the data on waste to landfill should be easier to locate so it is easier to determine whether the current approaches are successfully driving waste reduction.

· Options for food waste and green waste should be provided.

· The bylaw should be simple and logical.

· Several respondents raised broader concerns about the big picture (e.g. are we recycling in the truest sense; is the environment bearing the biggest cost, etc.), and suggested that the entire strategy / approach requires an overhaul in order to drive much bigger changes in practice.

Appendix 1: Submission questionnaire

Section 1 – your details

Your name: *

Your email or postal address: *

You are making this submission:

☐ as an individual

☐ as a business owner

☐ on behalf of an organisation (please provide the name of the organisation):

I would like to make an oral submission to the Councillors ☐ Yes ☐ No

If yes, please give your phone number so that a submission time can be arranged*:

Age:

☐ Under 20, ☐ 20-29, ☐ 30-39, ☐ 40-49, ☐ 50-59, ☐ 60-69, ☐ 70-79, ☐ 80 and over, ☐ Prefer not to say

Suburb you live in or operate your business in:

*mandatory field

Section 2 – questions about the Proposed Solid Waste Management and Minimisation Bylaw 2020

1. Intent of the Bylaw (provision 4 and Statement of Proposal)

The intent of this Bylaw is to provide a regionally consistent approach to more effectively manage the negative impacts of waste on the environment, manage waste activities in the public space, and ensure the protection of the health and safety of the public and those involved in waste management.

Do you support the intent of the Bylaw?

☐ Agree
☐ Neutral
☐ Disagree

☐ Don’t know

2. Restricting unaddressed and advertising mail (provision 17)

The Bylaw proposes to formally restrict the deposit of unaddressed mail or advertising mail:

· in letter boxes that are clearly marked with the words “no circulars”, “no junk mail” or similar,

· in mail boxes that are full, or

· on vehicles parked in a public space.

However, there are exceptions for public notices from the government, as well as for different types of information from community organisations and charities.

To what extend to you agree or disagree with this new restriction?

☐ Agree
☐ Neutral
☐ Disagree

☐ Don’t know

3. Construction and demolition waste management (provision 14)

The proposed Bylaw enables Council to set a control that will mean that for construction projects over a certain value, waste management and minimisation planning will need to be considered in the planning of the project.

To demonstrate this, a construction site and demolition waste management plan will need to be submitted to the Council for approval. Amongst other things, this plan will need to set out: (1) the proposed method of waste management for each type of waste (e.g. reuse, recovery, recycling, disposal); and (2) the proposed method for minimising and capturing litter associated with the project and the building work.

Note: This new requirement will remain optional in the Bylaw for now. Before implementing this requirement, which is envisaged in 2 to 3 years’ time, stakeholder engagement will be undertaken in order to set the value that would trigger the obligation to submit a plan.

To what extent do you agree or disagree with the proposed requirement that construction and demolition waste management plans will need to be submitted to Council for approval, in order to demonstrate consideration of waste management and minimisation planning for certain building projects?

☐ Agree
☐ Neutral
☐ Disagree

☐ Don’t know

4. Multi-unit dwellings (provision 12)

Provision 12 of the proposed Bylaw requires the owner and/or manager of new large multi-unit developments (comprising of 10 or more dwellings), to provide for adequate areas for storage and collection of all waste and recycling generated within that development.

The Bylaw also requires a related waste management plan to be submitted to the Council prior to building construction. This plan will need to demonstrate, amongst other things, how waste material generated on site will be minimised and identify the storage areas for receptacles that are easily accessible to the occupiers of the units and the waste collector.

Note: It is proposed that this provision (requirement) comes into force from 1 July 2021.

To what extent do you agree or disagree with the proposed Bylaw requirements regulating waste management and minimisation planning for multi-unit dwellings?

☐ Agree
☐ Neutral
☐ Disagree

☐ Don’t know

5. Event waste management (provision 13)

Under the current 2010 Solid Waste Bylaw, Council may require event organisers to submit waste minimisation plans for their events. The proposed 2020 Bylaw now makes this mandatory across the region for large events (1000+ people).

The plan would need to demonstrate: (1) how waste generated by the event is to be minimised; (2) the steps that will be taken to maximise the use of reusable systems, recycling and composting; and (3) the proposed method for minimising and capturing litter associated with the event.

An event is considered to be “any organised temporary activity of significant scale that is likely to create litter and includes (but is not limited to) an organised outdoor gathering, open-air market, parade, sporting event, protest, festival, concert or celebration”.

More information on event waste management can be found online at Zero Waste Events - Kāpiti Coast District Council. This includes a new regional guide entitled Reducing waste at your event, plus other useful guidance.

Note: It is proposed that this provision (requirement) comes into force from 1 July 2021.

To what extent do you agree or disagree with the proposed event waste management and minimisation standards for large events?

☐ Agree
☐ Neutral
☐ Disagree

☐ Don’t know

6.
Do you have any other comments you would like to make about the proposed Bylaw?

7. Are you interested in attending future stakeholder engagement sessions related to construction and demolition waste management? If so, please provide contact details.

Appendix 2: Open-ended responses

Wants to continue newspaper delivery to mailboxes with 'no junk mail' signs. 7g - too many areas where bin left on footpath that inhibit mobility scooters and wheelchairs. Bylaw 15: believe that Council requires greater oversight of collection providers.

Encourage more recycling and education on waste minimization. Multi-unit is not a priority. C&D requires a more specific date.

Strongly support controls available to Council under new bylaw, namely: setting out approved receptacles for waste and recycling. Strongly support proposed general responsibilities for the deposit, collection, transportation, storage, processing and disposal of waste in Part B Clause 8. Very concerned about current use of open crates for co-mingled recycling collection, as this can create litter. Very concerned about this litter getting into Waikanae Estuary. under Clauses 8.2a and c, to require the users of crates to strap down their recycling. If not, then no open crates. No issues with open crates for glass collection.

In reference to Q8: Concerned that regulation too broad and lead to altercations and differences of opinion. The Regulation must specify that Party Political and Local Body Political information relating to Elections is acceptable in No Junk mail letter boxes.This is important information which must be available in a Democracy. I accept that boxes labelled "Addressed Mail Only" should not receive this.

In reference to Q9: Will increase price of project, hope developer won’t be penalized by the cost of submitting a plan to Council. The bylaw is good in principle as long as the cost of submitting plans is not excessive/passed onto client making project too costly.

Concerns over several collection companies emitting fumes and noise. Too many trucks going down the same streets. Pay for a bin but don't fill it often.

N/A

Waste Data: It is disappointing there is a lack of published data on our solid waste / recycling volumes. I cannot find any recent Kapiti data, but will keep looking. The Wellington Regional Plan (WRMMP 2017) also identifies data as a key issue: “There is room for improvement in the quality and management of data. Accessible, reliable, consistent data enables better decision making.” It should not be difficult for the licenced operators to report on volume collected, and for this to be summarised in the KCDC annual report? If the objective is to reduce waste to landfill, we need to be honest about whether we are achieving this. Rubbish collection: There is something absurd about 3 rubbish trucks following each other along the road each week, each collecting their own customers’ waste. Their charges are similar – we changed company when Low Cost Bins offered a year’s collection for $200, but it’s back to over $300, the same as other suppliers. A 240 litre bin each week for $6 is very cheap, and I often look around for things to fill it with. Recycling: We need to be honest about how successful recycling is … putting things in a different bin for collection is not recycling – recycling is when something comes back into circulation as something useful. Paper, metal and glass (bottles) appear to have successful recycling chains – can we see the data to verify this? We are supporters of the Recycling shops, although a lot of what we buy ends up back in the rubbish down the line. Plastic packaging – grrrrr ! Pleased that there is a regional approach developing; this looks like the way to go.

Keep regulations simple and logical

I would like to see more effort being put into provision of composting for food waste, lawn clippings, etc from household, hospitality venues. This solid waste generally goes to landfill at the moment.

Re-use centres e.g. tip "shops" at all transfer stations to lessen landfill.

One thing that I do not recommend is to create yet more legislation, the current laws on people and businesses are way too onerous. this would just be more rules for the Council to enforce and also People/buisinesses to understand and adhere to. This will also not change the main offenders, which is certain members of the public. What we should start to do is to start to educate the public as to the affects that littering is having on the place we live. Maybe give some examples of the tonnes (quantity) of litter that are dropped and left annually. Maybe explain that is does not degrade, that is affects wildlife etc. In the end humans are supposed to be clever and with bigger brains that our other animals who share thjis planet but the reality is way different, we are the ones damaging a planet. i myself carry a bag when I go for walsk and mange to fill it with litter from my own community every walk. We should also get the authorities to treat little more seriously. The Police, instead of fixated on doing 52k's in a 50 and giving a ticket (I know it creates money) but they should be looking for people littering, and giving out the same tickets. You would get a lot more support from people for a littering ticket and fine than a speeding ticket. The littering fines can then be used to fund eductaion programmes. What happened to the recycling stations in public places? As regards solid waste and landfill. The costs of using the recyling station is far too high, this just encourages fly tipping. I even have experienced people driving down my drive and throwing black bags of trash in my land. Maybe have a free website where people can post their waste? As the saying goes, one person’s waste is another person’s gold. Eg. hard fill, people pay a fortune to get rid of hard fill, yet people are looking to buy hard fill. Please don't make more legistation. The world is fed up of it.

For future consultation, I would like the Council to consider the wider littering, environmental and cost effects of its individualised approach to waste management (by requiring each ratepayer to arrange their own waste disposal).

I look forward to a more complete overhaul of the strategy for solid waste management in Kāpiti.

re: clause 17.2 - unaddressed mail etc. exceptions to clause 17. I agree with clause 17.2(a) in that notification by mail of upcoming work on local services or infrastructure, even if such mail is not fully addressed, will be useful and appropriate to households. I do not agree that the mail listed in clauses 17.2 (b) 17.2 (c) and 17.2 (d) is much more than unsolicited advertising, and I feel those clauses need not be included under clause 17.2.

My interest is in the lack of a soft plastics (very numerous) recycle facility ... the nearest recycle point is Wellington (Crofton Downs or Karori) which means for most that this host of material goes into the landfill.

Broadly speaking, waste minimisation is becoming an increasing priority at every level. Use of finite resources, poor recycling practices, sending of recyclable materials to landfill, continued use of single-use bags, wrappers, containers etc., degradation of and damage to old landfills due to weather events and environmental change, are all part of a pattern of worldwide waste accumulation. The biggest question might be "When does the cost of NOT dealing with all waste in a sustainable manner, outweigh the cost of doing so?" Not a matter of finding a profitable way of doing so, more a matter of recognising that it's an inescapable imperative. It's too late for half-measures.

Item 8, Provision 17 - agree subject to seeing what the detail for exception is, this needs to be spelt out

I am concerned about the number of garbage trucks visiting our street and polluting the atmosphere with their diesel fumes. One truck per street, once a week would be sufficient. Walking around local streets on 'Rubbish Day', I am appalled by the quantity of cans, plastic containers, waste paper and cardboard left littering roads and footpaths in the wake of the Garbage Trucks. An inspection regime should be instituted to ensure that ALL rubbish is removed. Both these concerns could be addressed by the council resuming responsibility for rubbish collection, instead of (mis)placing their trust in third-party contractors with no interest in, or commitment to, our community.

For solid watse management objectives to be met effectively Council has to have a rapid response capability to deal with issues arising from complaints, or to exercise an audit function. This needs to be taken into account in Long Term plans before giving effect to this by law changes.

Pleased to see this has progressed to the public consultation stage. Would like to see the proposed changes included and implemented in a timely manner.

The bylaw does not cover my concern - EXCESSIVE PLASTIC WASTE What is the Council doing to reduce the PLASTIC waste that households put in their rubbish each week. I NEED advice - I wish the Council to provide for this issue in the BYLAW

I want the council to go back to having a single collector of rubbish and recycling. The current situation with at least providers is very wasteful of time, and energy. we have three rubbish trucks and three recycling trucks going down our street every week.

I would like KCDC to reduce domestic waste by compelling contractors to offer smaller bins and less frequent collections in order to incentivise waste minimisation in the home. At present there is extremely little provision for this.

The Kapiti Food Fair has a waste minimisation strategy, however it is expensive to administer so it would be good to be encouraged by KCDC to apply for any waste minimisation funding that is available on an annual basis.

Council Meeting Agenda

10 December 2020

Regionally-consistent solid waste management & minimisation bylaw 2021 – public consultation summary

BACKGROUND

· The Wellington Regional Waste Management and Minimisation Plan 2017-2023 (WMMP) was adopted by each council in the Wellington region in 2017, providing for a series of regional and local actions to support the primary goal of reducing the amount of waste to landfill from 600kg per person per year to 400kg by 2026.

· The review, implementation and enforcement of a regionally consistent Solid Waste Management and Minimisation Bylaw (Bylaw) is the primary action for both the regional action plan, and each council’s local action plans.

· Over the last three years, councils in the Wellington region have worked collaboratively to develop a regionally consistent Bylaw to resolve six key issues, construction and demolition waste, waste generated at public events, provision of services at MUDs, unaddressed mail and waste data reporting.

· Each council in the Wellington region has now consulted on the proposed Bylaw, except the Wairarapa councils who will be consulting for 4 weeks opening late October. The Wairarapa councils have considered the feedback from the rest of the region received through the submissions processes and have incorporated the regionally consistent themes into their statement of proposal for adoption in anticipation of similar feedback from their local community.

· It is the intention that councils will deliberate and adopt their respective Bylaw by the end of February 2021. At the point each Bylaw is adopted it is enforceable except for clauses that that will come into force at a later date as set out in each council’s Bylaw. Each council will manage the local aspects of the implementation, and the regionally-consistent aspects will be managed by the regional advisor on behalf of the eight councils.

SUMMARY OF RECOMMENDATIONS TO ALL COUNCILS^{^[1]}

Clause 6 Interpretation

1. Note that when developing the regional licensing fee structure, that possible incentives and support for diversion will be considered by councils across the Wellington region

2. Note that the waste ‘management and minimisation plan’ templates for events, MUDs and construction & demolition projects, will also be made available pro-actively when consents are applied for, even if the thresholds in the Bylaw for submission of a plan are not met (less than 1,000 visitors for an event, under the set $ value for a construction project or a MUD of less than 10 units).

3. Agree to remove ‘protest’ from Clause 6 Interpretation of ‘Event’ based on the recommended extension of timeframe for receiving event waste minimisation plans in 13.1, given that protests generally are not planned as far in advance as the other events described.

4. Agree to adjust the interpretation of ‘Event’ to:

· ‘Any organised temporary activity of significant scale that is likely to create litter and includes (but is not limited to) an organised indoor or outdoor gathering, market, parade, sporting event, festival, concert, performance or celebration.

An outdoor event will be considered significant if it has an expected attendance of 1,000 (WCC 5,000) or more people across the duration of the event, whether it be a single or multi-day event. For the purpose of this Bylaw an outdoor ‘event’ excludes:

· any regularly occurring recreational activities such as weekly sports events.

· An indoor event will be considered significant if it has an expected attendance of 1,000 (WCC: 5,000) or more people across the duration of the event, whether it be a single or multi-day event. For the purpose of this Bylaw an indoor ‘event’ excludes:

· indoor private functions; and

· any regularly occurring recreational activities such as weekly sports events.’

5. Agree to adjust the definition of ‘waste collector’ under Clause 6 Interpretation to:

‘Any person or entity that collects and or transports waste and includes commercial and non-commercial collectors and transporters of waste (community groups and not-for-profit organisations) but does not include individuals who collect and transport waste for personal reasons (for example, the owner taking their own household garden waste to a waste management facility).’

6. Agree to add ‘Waste hierarchy: as defined by the Act’ to Clause 6 Interpretation

7. Note that each council will ensure that the compliance, monitoring and enforcement of the Bylaw is sufficiently resourced

Clause 11 Licensing of Waste Collectors and Operators

8. Note that councils will work closely with Earthlink and other not-for-profit organisations and charities that handle more than 20 tonnes of waste in any 12-month period when setting up any licensing requirements in the future if required under the Waste Minimisation Act 2008

9. Note that the diversion of resources from landfill will be considered when developing the waste operator licensing framework

Clause 12 Multi-Unit Developments (MUDs)

10. Agree to replace ‘waste management plan’ with 'Waste Management and Minimisation Plan' anywhere it is included in the Bylaw in reference to Multi-Unit Developments

11. Agree to adjust 12.1 to:

‘The owner and/or the manager of a multi-unit development must make adequate provision for the management of all waste, ~~and~~ recycling and organic material generated within the premises. This includes arrangements for the regular collection of waste to the satisfaction of Council and the provision of adequate areas for:

(a) The storage of disposed of or discarded material on the premises from any activity on that premises; and

(b) The collection of disposed of or discarded material if collection occurs on the premises.’

12. Agree to adjust 12.3 (d) to:

‘How waste generated within the premises is to be minimised employing the waste hierarchy, and the steps to maximise the collection and use of recyclables, organic waste and reusable material’

13. Note that as part of the MUD 'Waste Management and Minimisation Plan’ process, councils of the Wellington region intend to develop a regionally-consistent waste space storage calculator that will provide best practice guidance related to the requirement under 12.3 (b) to provide ‘an adequate area’ for waste-related storage

Clause 13 Events

14. Agree to replace ‘waste management plan’ with ‘Event Waste Minimisation Plan' anywhere it is included in the Bylaw in reference to Events

15. Agree to adjust 13.1 to:

‘At least 10 30 working days prior to the commencement of an event, the event manager must submit to the Council for approval an Event Waste Minimisation Plan for the event’

16. Agree to adjust 13.2 (c) to:

· ‘The steps that will be taken to maximise the use of reusable systems, the collection and use of recyclables and other recoverable, ~~reusable or~~ and compostable materials, and an estimate of the diversion of waste and the avoidance of waste’

17. Agree to amend 13.2 (d) to:

· ‘The equipment to be provided for any ‘reusable system’, and for the storage, collection and transportation of waste and diverted material’

18. Agree to adjust 13.4 to:

‘On completion of the event, ~~if requested by the Council,~~ the event manager must provide the Council with a waste analysis report, which at a minimum, will include a breakdown of:

• The types of waste generated by the event;

• The amounts of waste (by type) generated by the event;

• The amount of waste diverted and avoided; and

• The waste management facilities used to recover, recycle, treat or dispose of this waste.’

Clause 14 Construction and demolition waste

19. Agree to adjust 14.3 to:

· ‘A construction site and demolition waste management plan ~~may also be~~ is required by Council to set out:

· (a) An estimate of the quantity of each type of waste; and

· (b) An estimate of the diversion of waste.

20. Agree to adjust 14.4 to:

· ’While the building work is being carried out, the principal contractor must ~~may be required by Council to:~~

· (a) Review the construction site and demolition waste management plan as necessary;

(b) Record quantities and types of waste produced; and

· (c) Record the types and quantities of waste that have been:

i. Reused (on or off site)

ii. Recycled (on or off site)

iii. Sent to other forms of recovery (on or off site); Sent to landfill;

iv. Sent to cleanfill; or

v. Otherwise disposed of.’

21. Agree to adjust 14.5 to:

· ’Within three months of completion of the building work ~~the Council may require~~ the principal contractor to must add to the construction site and demolition waste management plan

· (a) Confirmation that the plan has been monitored and updated;

· (b) A comparison of estimated quantities of each type of waste generated against the actual quantities of each waste type;

· (c) An explanation of any deviation from the plan; and

· (d) An estimate of any cost savings that have been achieved by completing and implementing the plan.

and submit this to the Council.

Other feedback

22. Note that future dialogue has been requested at a time that Regional Public Health are able and that that can be considered fully at that time

REGIONAL RESPONSE STATISTICS

23. The Wellington region (excluding Wairarapa) received a total of 241 submissions. Each council asked a similar set of questions relating to construction and demolition waste, waste generated at public events, provision of services at MUDs, unaddressed mail and waste data reporting. A summary of the response statistics follows:

o General support: only two councils asked submitters if they generally supported the proposed Bylaw – Kāpiti and Upper Hutt. There was strong support from Kāpiti submitters at 96%, with Upper Hutt having a lower agreement rate at 62% however the 13% represents only one submitter Earthlink.

o Clause 11 Licensing of Waste Collectors and Operators: over 68% of submitters from each council either strongly agreed, agreed, or somewhat agreed with the proposed changes for waste operator licensing. Wellington received strong support at 85%. Hutt City had 6 submitters either disagree or strongly disagree representing 18.8%.

o Clause 12 Multi-Unit Developments (MUDs): over 70% of submitters from each council either strongly agreed, agreed, or somewhat agreed with the proposed changes for MUDs. A portion of submitters remained neutral or skipped this question more so than those that disagreed (7.5% or less).

o Clause 13 Events: over 80% of submitters from each council either strongly agreed, agreed, or somewhat agreed with the proposed changes for events. A portion of submitters remained neutral or skipped this question more so than those that disagreed (6.1% or less).

o Clause 14 Construction and Demolition Waste: over 80% of submitters from each council either strongly agreed, agreed, or somewhat agreed with the proposed changes for C&D. A portion of submitters remained neutral or skipped this question more so than those that disagreed, however 4 submitters from Hutt City strongly disagreed, representing 12.1%.

o Clause 17 Unaddressed Mail and Advertising Material: over 65% of submitters from each council either strongly agreed, agreed, or somewhat agreed with the proposed changes for unaddressed mail advertising and advertising material. Wellington received strong support for this change at 91%. Hutt City had 6 submitters strongly disagree representing 18.8% but generally this was because they disagreed with one or more exclusions rather than the intent of the clause itself.

· Hutt City

· Total received: 37

· Kāpiti Coast

· Total received: 27

· Porirua City

· Total received: 2

· Upper Hutt

· Total received: 8

· Wellington

· Total received: 167

· Wairarapa

· Total received: X

· General support

· Not asked

· 96% agree

· 4% neither agree nor disagree

· Not asked

· 62% agree

· 13% disagree

· 25% skipped

· Not asked

· Clause 11

· Licensing of Waste Collectors and Operators

· 31.3% strongly agree

· 37.5% agree 12.5% neutral

· 9.4% disagree

· 9.4% strongly disagree

· Not asked

· 50% strongly agree

· 50% agree

· Combined with MUD question

· 60% definitely agree

· 25% somewhat agree

· 6% disagree

· Clause 12

· Multi-Unit Development

· 36.4% strongly agree

· 36.4% agree

· 15.2% neutral

· 6.1% disagree

· 6.1% strongly disagree

· 81% agree

· 7.5% neither agree nor disagree

· 3.75% skipped

· 7.5% disagree

· 50% strongly agree

· 50% agree

· 75% agree

· 25% skipped

· (Note: combined MUD & licensing question)

· 72% definitely agree

· 19% somewhat agree

· 6% disagree

· Clause 13

· Events

· 39.4% strongly agree

· 39.4% agree

· 6.1% neutral

· 6.1% disagree

· 6.1% strongly disagree

· 85% agree

· 7.5% neither agree nor disagree

· 3.75% skipped

· 3.75% disagree

· 50% strongly agree

· 50% agree

· 75% agree

· 12% somewhat agree

· 13% skipped

· 66% definitely agree

· 28% somewhat agree

· 6% disagree

· Clause 14

· Construction & Demolition Waste

· 45.5% strongly agree

· 36.4% agree 3.0% neutral

· 3.0% disagree

· 12.1% strongly disagree

· 85% agree

· 7.5% don’t know

· 3.75% neither agree nor disagree 3.75% skipped

· 50% strongly agree

· 50% agree

· 57% agree

· 14% somewhat agree

· 29% skipped

· 75% definitely agree

· 19% somewhat agree

· 6% disagree

· Clause 17

· Unaddressed Mail & Advertising Material

· 46.9% strongly agree

· 18.8% agree 15.5% neutral

· 18.8% strongly disagree

· 85% agree

· 7.5% neither agree nor disagree

· 7.5% disagree

· 50% strongly agree

· 50% agree

· Not asked

· 82% definitely agree

· 9% somewhat agree

· 8% disagree

REGIONAL THEMES

24. The following section provides an overview of the regional themes that came through from submissions received across the region through their individual submission processes (excluding Wairarapa).

Clause 6 Interpretation

Stakeholders

· Most of the stakeholders somewhat agreed with the interpretations, asking that in most cases that they be strengthened. This includes better defining what an event is rather than what it’s not, require small events to submit a plan, include sports and indoor events, and called for a lowering of the threshold for both MUDs (>10 units) and building work (>$2 million for WCC). There was also a call to revise the interpretation of waste collector and operator. Note that the thresholds for the $ value of building works may vary per District. In Kāpiti, the clause will come into force in the future and then the $ value will be set by Council.

Individual submitters

· Most submitters who commented on this clause also asked for some aspects to be strengthened, or said that it wouldn’t properly address the issues and would be difficult to enforce. For licensing, comments were in line with stakeholders around ensuring a flexible approach is taken for community-based waste organisations and smaller providers.

· For MUDs, the comments related to the threshold of 10 being too high, and queried where existing MUDs fit within this framework. For events, submitters thought the 1,000-person threshold was too high, should include smaller events as well as sports and indoor events. Most that commented on this thought that, even if smaller events aren’t mandated to complete a plan, the template plans should be made available and encouraged.

Recommendations / proposed changes

1. Note that when developing the regional licensing fee structure, that possible incentives and support for diversion will be considered by councils across the Wellington region

2. Note that waste management and minimisation plans will be made available when consent is lodged for events, MUDs and building work that do not meet the thresholds

4. Agree to adjust the interpretation of ‘Event’ to:

· An outdoor event will be considered significant if it has an expected attendance of 1,000 or more people across the duration of the event, whether it be a single or multi-day event. For the purpose of this Bylaw an outdoor ‘event’ excludes:

· • any regularly occurring recreational activities such as weekly sports events.

· • indoor private functions; and

· • any regularly occurring recreational activities such as weekly sports events.’

5. Agree to adjust the definition of ‘waste collector’ under Clause 6 Interpretation to:

6. Agree to add ‘Waste hierarchy: as defined by the Act’ to Clause 6 Interpretation

7. Note that each council will ensure that the compliance, monitoring and enforcement of the Bylaw is sufficiently resourced

Clause 7 Controls

Individual submitters

· General support for the controls that can be set under clause 7. Comments were received around the size and types of acceptable receptacles, stricter rules around separation of waste, and controls around compostable packaging mandated in place of single-use plastic. Those more specific submissions related to controls set by WCC. In Kāpiti, no submissions were received on the proposed controls.

Clause 8 General Responsibilities

Individual submitters

· One comment received mentioned litter as a result of co-mingled recycling crates, one thought the Bylaw should signal a clearer intent around waste reduction, and another thought obligations for residential and commercial users should be more clearly distinguished.

Clause 11 Licensing of Waste Collectors and Operators

Stakeholders

· Most stakeholders agreed with the introduction of region-wide licensing and the need for greater oversight. Some had concerns about it impacting smaller providers and organisations that act as consolidation points. Earthlink made a submission asking to be exempt along with other charities and not-for-profits. One called for it to come into effect sooner than proposed. In Kāpiti licensing comes into effect immediately as licensing is already in place.

Individual submitters

· There was general support for the proposed licensing. Some concern that this might impact on the cost to the customer, or questioned the practicality of this. A few comments were received around the current state of rubbish and recycling collection that weren’t necessarily relevant to licensing but can be considered in future discussion. One submitter asked to consider incentivising diversion when developing the licensing framework, another that the Bylaw comes into effect sooner than proposed.

Recommendations / proposed changes

9. Note that the diversion of resources from landfill will be considered when developing the waste operator licensing framework

Clause 12 Multi-Unit Developments (MUDs)

Stakeholders

· Most of the stakeholders somewhat agreed with the proposal but asked that it be strengthened in parts. Suggestions were made that plans be renamed, that future developments set space aside for organic material. Would like the waste hierarchy to be a consideration in this clause. One called for it to come into effect sooner than proposed.

Individual submitters

· Generally supportive comments received. There was a suggestion to include provision for green waste, another of a circular waste economy within complexes. One submitter thought this might discourage development and another thought it should be left to the developer to decide how best to utilise its space. Another disagreed with the exemption allowed for in 12.5a. and asked for the Bylaw to clearly define what ‘adequate storage’ is.

Recommendations / proposed changes clause 12

10. Agree to replace ‘waste management plan’ with 'Waste Management and Minimisation Plan' anywhere it is included in the Bylaw in reference to Multi-Unit Developments

11. Agree to adjust 12.1 to:

(a) The storage of disposed of or discarded material on the premises from any activity on that premises; and

(b) The collection of disposed of or discarded material if collection occurs on the premises.’

12. Agree to adjust 12.3 (d) to:

‘How waste generated within the premises is to be minimised employing the waste hierarchy, and the steps to maximise the collection and use of recyclables, organic waste and reusable material’

Clause 13 Events

Stakeholders

· Most of the stakeholders somewhat agreed with the proposal but asked that it be strengthened in parts. Suggest that plans be renamed, that the date for submitting plans is reconsidered, that equipment to support prevention is included in 13d, that post-event waste analysis reports are made mandatory, that the estimated amount of waste avoided should be included in the plan, and that it comes to effect sooner than proposed.

Individual submitters

· Strong support for the proposal. Some made comments about the need for council support to ensure compliance. The ’10 days before an event is held’ was questioned by a few submitters, as well as the model itself that is encouraging recycling as this isn’t sustainable. Supportive comments across councils for mandatory post-event waste analysis reports.

Recommendations / proposed changes

14. Agree to replace ‘waste management plan’ with ‘Event Waste Minimisation Plan' anywhere it is included in the Bylaw in reference to Events

15. Agree to adjust 13.1 to:

‘At least 10 30 working days prior to the commencement of an event, the event manager must submit to the Council for approval an Event Waste Minimisation Plan for the event’

16. Agree to adjust 13.2 (c) to:

17. Agree to amend 13.2 (d) to:

· ‘The equipment to be provided for any ‘reusable system’, and for the storage, collection and transportation of waste and diverted material’

18. Agree to adjust 13.4 to:

‘On completion of the event, ~~if requested by the Council,~~ the event manager must provide the Council with a waste analysis report, which at a minimum, will include a breakdown of:

• The types of waste generated by the event;

• The amounts of waste (by type) generated by the event;

• The amount of waste diverted and avoided; and

• The waste management facilities used to recover, recycle, treat or dispose of this waste.’

Clause 14 Construction and Demolition Waste

Stakeholders

· General support with a couple of comments asking that 14 be amended to make it clear building work includes refurbishments. There is a request to consider another means of triggering the need for a plan – such as a combination of value and type. One asked that it be mandatory for principal contractors to undertake activities in 14.4 and 14.5 Another stakeholder thought it unacceptable to not include diversion targets in plans.

Individual submitters

· General support for the proposal. Comments made that it should include all building work to make any real impact, that changes would need to be supported through education, and that there should be additional requirements for separating material. Another thought it was more red tape.

Recommendations / proposed changes

19. Agree to adjust 14.3 to:

· ‘A construction site and demolition waste management plan ~~may also be~~ is required by Council to set out:

· (a) An estimate of the quantity of each type of waste; and

· (b) An estimate of the diversion of waste.

20. Agree to adjust 14.4 to:

· ’While the building work is being carried out, the principal contractor must ~~may be required by Council to:~~

· (a) Review the construction site and demolition waste management plan as necessary;

(b) Record quantities and types of waste produced; and

· (c) Record the types and quantities of waste that have been:

vi. Reused (on or off site)

vii. Recycled (on or off site)

viii. Sent to other forms of recovery (on or off site); Sent to landfill;

ix. Sent to cleanfill; or

x. Otherwise disposed of.’

21. Agree to adjust 14.5 to:

· ’Within three months of completion of the building work ~~the Council may require~~ the principal contractor to must add to the construction site and demolition waste management plan:

· (a) Confirmation that the plan has been monitored and updated;

· (b) A comparison of estimated quantities of each type of waste generated against the actual quantities of each waste type;

· (c) An explanation of any deviation from the plan; and

· (d) An estimate of any cost savings that have been achieved by completing and implementing the plan.

Clause 17 Unaddressed Mail and Advertising Material

Individual submitters

· Strong support for this proposal. Some submitters thought political advertising should be removed as an item in 17.2.

Other feedback

· Regional Public Health submitted that at this time they did not have resource to make a submission on the consultation but requested that councils are open to future dialogue.

Recommendations / proposed changes

22. Note that future dialogue has been requested at a time that Regional Public Health are able and that that can be considered fully at that time

Council Meeting Agenda

10 December 2020

Kāpiti Coast District Council Solid Waste Management & Minimisation Bylaw 2021

ID#	Clause	Draft bylaw text
PART A: INTRODUCTION
1	Title and Application	1.1 The title of this Bylaw is the “Solid Waste Management and Minimisation Bylaw 2021”. 1.2 This Bylaw applies within the boundaries of the Kāpiti Coast District.
2	Commencement	2.1 This Bylaw comes into force on 1 January 2021 except for the following exceptions which comes into force on the date specified: (a) The event waste management plan provisions under clause 13 come into force 6 months after the commencement date of this bylaw (b) The Multi-Unit Developments provisions under clause 12 come into force 6 months after the commencement date of this bylaw.
3	Revocation	3.1 This Bylaw repeals and replaces the Kāpiti Coast District Solid Waste Bylaw 2010 and Part 7 of the General Bylaw 2010.
4	Purpose	4.1 The purpose of this Bylaw is to support: (a) The promotion and delivery of effective and efficient waste management and minimisation in the Kāpiti Coast District as required under the Waste Minimisation Act 2008; (b) The implementation of the Wellington Region Waste Management and Minimisation Plan; (c) The purpose of the Waste Minimisation Act 2008 and the goals in the New Zealand Waste Strategy 2010, being to encourage waste minimisation and a decrease in waste disposal in order to protect the environment from harm; and provide environmental, social, economic, and cultural benefits; (d) The regulation of waste collection, transport and disposal, including recycling, waste storage and management; (e) Controls regarding the responsibilities of customers who use approved solid waste services, and the licensing of waste collectors and waste operators; (f) The protection of the health and safety of waste collectors, waste operators and the public; and (g) The management of litter and nuisance relating to waste in public places. 4.2 This Bylaw is made pursuant to section 56 of the Waste Minimisation Act 2008, sections 145 and 146 of the Local Government Act 2002, section 64 of the Heath Act 1956, and section 12 of the Litter Act 1979.
5	Compliance with Bylaw	5.1 No person may deposit, collect, transport, sort, process, treat or dispose of waste other than in accordance with this Bylaw. 5.2 To avoid doubt, compliance with this Bylaw does not remove the need to comply with all other applicable Acts, regulations, bylaws, and rules of law.
6 Interpretation		6.1 For this Bylaw, unless the context otherwise requires, the following term definitions apply^{^[2]}:
		Term:	Means:
		Act (the Act)	Waste Minimisation Act 2008
		Advertising material	Any message which: (a) Has printed content controlled directly or indirectly by the advertiser; and (b) Is expressed in any language and communicated in any medium with the intent to influence the choice, opinion or behaviour of a person.
		Approved	Authorised in writing by the Council.
		Approved collection point(s)	Council approved places, facilities or receptacle where approved receptacles may be left for collection or waste may be deposited.
		Approved receptacle	Any container, bag or other receptacle that has been approved by the Council for the collection of any type of waste or diverted material, with approval based on the following criteria: the prevention of nuisance, the provision for adequate security to prevent scavenging, the protection of the health and safety of waste collectors and the public, and the achievement of effective waste management and minimisation.
		Authorised officer	Any officer of the Council or other person authorised by the Council to administer and enforce its bylaws, and any person appointed especially or generally by the Council to enforce the provisions of this Bylaw.
		Building work	As defined in the Building Act 2004 and includes any work for, or in connection with, the construction, alteration, demolition, or removal of a building. It can include sitework and design work relating to the building work.
		Bylaw	This Solid Waste Management and Minimisation Bylaw 2020.
		Cleanfill material	Waste that meets all of the following requirements: (a) does not undergo any physical, chemical or biological transformation that, when deposited or with the passing of time, is likely to have adverse effects on the environment or human health; and (b) includes virgin excavated natural materials such as clay, soil and rock, and other inert materials such as concrete or brick that are free of: (i) combustible, putrescible, degradable or leachable components; (ii) hazardous waste, hazardous substances or materials (such as municipal solid waste) likely to create leachate by means of biological breakdown; (iii) products or materials derived from hazardous waste treatment, hazardous waste stabilisation or hazardous waste disposal practices; (iv) materials such as medical and veterinary waste, asbestos, or radioactive substances that may present a risk to human health or the environment; and (v) contaminated soil and other contaminated materials; and (v) liquid waste; and (c) has less than two per cent by volume by load of tree or vegetable matter.
		Cleanfill	Land used for the disposal of cleanfill material.
		Commercial or industrial waste	Waste (excluding trade waste) that results from a commercial or industrial enterprise and includes waste generated by the carrying on of any business, factory, manufacture, process, trade, market, or other activity or operation of a similar nature.
		Construction and demolition waste	Waste generated from any building work (including renovation and repair); and includes but is not limited to concrete, plasterboard, insulation, nails, wood, brick, paper, cardboard, metals, roofing materials, wool/textiles, plastic or glass, as well as any waste originating from site preparation, such as dredging materials, tree stumps, asphalt and rubble.
		Council	The Kāpiti Coast District Council or any person delegated or authorised to act on its behalf.
		Deposit	To cast, place, throw or drop any waste or diverted material.
		Dispose or Disposal	As defined in the Act.
		Diverted material	As defined in the Act.
		Donation collection point	A place where approved types of waste may be deposited for the purposes of raising funds or the charitable reuse/recovery of the waste items.
		Estimated value	As defined in the Building Act 2004.
		Event	Any organised temporary activity of significant scale that is likely to create litter and includes (but is not limited to) an organised indoor or outdoor gathering, open-air market, parade, sporting event, festival, concert or celebration. An outdoor event will be considered significant if it has an expected attendance of 1,000 or more people across the duration of the event, whether it be a single or multi-day event. For the purpose of this Bylaw an outdoor ‘event’ excludes: · any regularly occurring recreational activities such as weekly sports events An indoor event will be considered significant if it has an expected attendance of 1,000 or more people across the duration of the event, whether it be a single or multi-day event. For the purpose of this Bylaw an indoor ‘event’ excludes: · indoor private functions; and · any regularly occurring recreational activities such as weekly sports events
		Food waste	Waste that is derived from any item of food and is organic in origin and free of contamination and includes fruit and vegetable scraps, meat, fish, bone and shell discards, and any other similar food scraps.
		Green waste	Organic plant material from gardening or arboriculture activities including lawn clippings, weeds, plants and other soft vegetable matter, which by nature or condition and being free of any contaminants will degenerate into compost.
		Handled or Handles	Includes removing, collecting, transporting, storing, sorting, treating, processing or disposing of waste.
		Hazardous substance	As defined in the Hazardous Substances and New Organisms Act 1996 and means, unless expressly provided otherwise by regulations, any substance— (a) with 1 or more of the following intrinsic properties: (i) explosiveness: (ii) flammability: (iii) a capacity to oxidise: (iv) corrosiveness: (v) toxicity (including chronic toxicity): (vi) ecotoxicity, with or without bioaccumulation; or (b) which on contact with air or water (other than air or water where the temperature or pressure has been artificially increased or decreased) generates a substance with any 1 or more of the properties specified in paragraph (a).
		Hazardous waste	Waste that: (a) contains hazardous substances at sufficient concentrations to exceed the minimum degrees of hazard specified by Hazardous Substances (Minimum Degrees of Hazard) Regulations 2000 under the Hazardous Substances and New Organisms Act 1996; or (b) meets the definition for infectious substances included in the Land Transport Rule: Dangerous Goods 2005 and NZ Standard 5433: 2007 – Transport of Dangerous Goods on Land; or (c) meets the definition for radioactive material included in the Radiation Protection Act 1965 and Regulations 1982. Hazardous waste does not include household waste, inorganic waste, construction and demolition waste, or commercial or industrial waste.
		Home composting	The activity of aerobically decaying household organic waste (green waste and/or food waste) and other compostable items originating from that property to create compost at home. To avoid doubt, includes worm farms and anaerobic digestors.
		Household waste	Waste consisting of recyclable material, organic waste or residual waste originating from any residential household but does not include, commercial or industrial waste, prohibited waste, hazardous waste, trade waste, liquid waste, or construction and demolition waste.
		Inorganic waste	Waste consisting of household equipment, furniture, appliances and material of a similar type that due to its nature or size cannot be collected as household waste in an approved receptacle, and that is specified by the Council as suitable for: (a) collection from a public place by the Council or an approved waste collector; or (b) collection from any premises by the Council or an approved waste collector; or (c) delivery to a resource recovery facility.
		Landfill	As defined in the Technical Guidelines for Disposal to Land (Waste Management Institute of New Zealand)^{^[3]} or by Government standards or regulation.
		Licence	A licence, consent, permit or approval to do something under this Bylaw and includes any conditions to which the licence is subject.
		Litter	Any rubbish, animal remains, glass, metal, garbage, debris, dirt, filth, rubble, ballast, stones, earth, other residual waste or any other thing of a like nature that has been disposed of in a public place, other than in an approved receptacle or collection point for such disposal, or on private land without the consent of the occupier. For the avoidance of doubt this includes organic material, dog faeces in a container or bag, or disposable nappies.
		Litter receptacle	A receptacle provided for the collection of litter.
		Manager	A person who controls or manages any premises, activity or event, regardless of whether that person has a proprietary interest in those premises or that activity or event. For clarity, this includes the chairperson of a body corporate for a multi-unit development.
		Multi-unit development	A multiple tenancy property comprising of 10 or more separately occupied residential units, whether in the same building or in separate buildings, and held either in common ownership or in separate ownership. This includes a unit title development, a mixed-use premises with business activities, and any development with controlled or restricted access, such as a gated community.
		Nuisance	As defined in section 29 of the Health Act 1956 and includes anything offensive or injurious to the health of the community or any member of it.
		Occupier	In relation to any property or premises, means the inhabitant occupier of that property or premises and, in any case where any building, house, tenement, or premises is unoccupied includes the owner.
		Organic waste	Food waste and/or green waste that is specified by the Council under clause 7 of this Bylaw as organic waste.
		Owner	In relation to any property or premises, means the person or persons entitled to receive the rack rent of the property or premises, or who would be so entitled if the property or premises were let to a tenant at a rack rent, and where such a person is absent from New Zealand, includes their attorney or agent.
		Person	An individual, a corporation sole, a body corporate, and an unincorporated body.
		Premises	Any separately occupied land, dwelling, building, or part of the same.
		Prohibited waste	Waste containing - (a) any material capable of causing injury to any person or animal unless the material is sufficiently contained to prevent injury; (b) any material capable of causing damage to the approved receptacle or likely to shatter and cause injury in the course of collection unless the material is sufficiently contained to prevent damage to the approved receptacle or to prevent injury; (c) any material that may endanger any person, animal or vehicle which may come in to contact with it prior to, during or following collection, transportation, storage, sorting or disposal; (d) any radioactive wastes, but excluding domestic smoke detectors; (e) any used oil and lead-acid batteries; (f) any hazardous waste; (g) medical waste including wastes generated at health care facilities, such as hospitals, physicians’ offices, dental practices, blood banks, pharmacies/chemists, and veterinary hospitals/clinics, as well as medical research facilities and laboratories; (h) any asbestos containing material; and (i) any material identified by the Council under clause 7 of this Bylaw as posing an unacceptable risk of nuisance to the public or to public health and safety, and subject to a control made under Clause 7 below.
		Public place	(a) A place that is under the control of Council or a Council-controlled organisation that, at any material time, is open to or is being used by the public, whether free or on payment of a charge; and (b) To avoid doubt this includes any park, reserve, recreational ground, pool, community facility, sports field or facility, public open space, public garden, public square, cemetery, beach, foreshore, dune, wharf, breakwater, boat ramp, pontoon, road, street, lane, thoroughfare, footpath, access way, cycleway, bridleway, car park, grass verge, berm, and any part of the public place.
		Recovery	As defined in the Act.
		Recyclable material or Recyclables	The types of waste that are able to be recycled and that may be specified by the Council from time to time under this Bylaw.
		Recycling	As defined in the Act.
		Reuse	As defined in the Act.
		Rural areas	Any areas zoned and/or defined in the [insert name] District Plan as rural.
		Site	For the purposes of this Bylaw means an area of land that is the subject of an application for a building consent or an area of land where a specific development or activity is located or is proposed to be located.
		Specified intended life	As defined in the Building Act 2004.
		Treatment	As defined in the Act.
		Unaddressed mail	Any mail or material that does not display a full address and name of a person at that address.
		Waste	As defined in the Act.
		Waste collector	Any person or entity that collects and transports waste and includes commercial and non-commercial collectors and transporters of waste (for example, community groups and not-for-profit organisations); but does not include individuals who collect and transport waste for personal reasons (for example, the owner taking their own household garden waste to a waste management facility).
		Waste hierarchy	As defined by the Act.
		Waste management facility	A facility authorised by the Council which primarily provides waste treatment and disposal services or waste remediation and materials recovery services, in relation to solid waste. Includes but is not limited to waste transfer stations, resource recovery stations, recycling centres, composting facilities, landfills or clean fill sites, or hazardous waste facilities.
		Waste Management and Minimisation Plan or WMMP	A waste management and minimisation plan adopted by the Council under section 43 of the Act.
		Waste operator	Any person or entity that operates a waste management facility.
		Waste remediation and materials recovery services	The remediation and clean-up of contaminated buildings and mine sites, mine reclamation activities, removal of hazardous material and abatement of asbestos, lead paint and other toxic material. This also includes recovery, sorting, and/or storage services in relation to waste.
		Waste treatment and disposal services	The treatment or disposal of waste (including hazardous waste), including the operation of landfills, combustors, incinerators, composting, bio-digesters and other treatment facilities (except sewage treatment facilities), and waste transfer stations.
7	Controls	7.1 The Council may make, amend or revoke controls for the safe and efficient operation of waste collections services from a public place. 7.2 The controls made by Council under clause 7.1 may relate to the following matters: (a) The type, size, capacity/volume, weight, number, colour and construction of approved receptacles that may be used for the disposal, storage and collection of waste and recyclable material; (b) The types of household waste that may be treated for all purposes (including deposit, collection, transportation and disposal) as recyclable, organic waste, or other residual waste; (c) The types and categories of waste that may be deposited in approved receptacles; (d) The conditions applicable to any collection service from a public place, including the placement and retrieval of approved receptacles for collection, collection days and times, and restrictions on the number and weight of approved receptacles; (e) Requirements to ensure the correct separation of wastes into approved receptacles, including content control messaging and symbology on an approved receptacle that specifies the permitted and prohibited content; (f) Maximum allowable limits of a specified waste type that may be deposited, collected or transported from a public place in an approved receptacle; (g) Maximum allowable limits of a waste type that may be placed in a receptacle that is approved for another type of waste; (h) Requirements applicable to waste minimisation (i) Types of waste that are prohibited; (j) The locations, access times and conditions of use of approved collection points; (k) Requirements relating to the safe and secure transportation of waste; (l) Requirements applicable to waste service users and/or to waste handling and collection if traffic or pedestrian safety have the potential to be adversely impacted by the deposit of material in a public place or by waste servicing operations; and (m) Any other operational matter required for the safe and efficient operation of a waste collection service from a public place. 7.3 The Council must, before making, amending or revoking any control under clause 7.1, comply with the requirements under Subpart 1 of Part 6 of the Local Government Act 2002 . 7.4 Any control made, amended or revoked under clause 7.1: (a) Must be made by a resolution of Council that is made publicly available; and (b) May: i. Regulate, control or prohibit any matter or thing either generally, for any specified classes of case, or in a particular case; ii. Apply to all waste or to any specified category or type of waste; iii. Apply the Kāpiti Coast District or to a specified part of the Kāpiti Coast District; and/or iv. Apply at all times or at any specified time or period of time.
PART B: DEPOSIT, COLLECTION, TRANSPORTATION, STORAGE, PROCESSING AND DISPOSAL OF WASTE
8	General responsibilities	8.1 The occupier and/or the manager of a premises must ensure that the waste from the premises is separated into waste types as determined by the Council and is deposited for collection in the correct approved receptacle. No person may deposit in a receptacle any material that is not approved for that type of receptacle. 8.2 The occupier and/or the manager of any premises must ensure that: (a) All waste receptacles are appropriately secured to deter scavenging and to prevent waste escaping; (b) Any waste receptacle is regularly emptied when it is full; and (c) The contents of any waste receptacle are protected from rain, dispersal by wind, or ingress or egress of flies, vermin and animals. 8.3 The occupier and/or the manager of any premises must ensure that: (a) All approved receptacles are kept in a safe location, are hygienic, in good repair, and are without any modifications or alterations to their appearance; (b) The contents of any approved receptacle do not seep or escape so as to be injurious or dangerous to health, cause an offensive smell or be a source of litter; (c) Waste is deposited in the receptacle in a manner that allows the whole of the contents to fall out easily and cleanly when the receptacle is emptied; (d) The receptacle is placed upright either at an approved collection point or for collection in a position off the carriageway, in front of the premises from which the waste originated and as close to the kerbside as possible; (e) The receptacle is placed so that it does not disrupt or obstruct pedestrian, wheelchair or vehicular traffic, and so that access to the premises is preserved; and (f) The receptacle is placed for the collection of waste and is retrieved in accordance with any applicable control specified by the Council under this Bylaw. 8.4 No person shall deposit waste in a manner where: (a) The receptacle is damaged or otherwise likely to cause injury to the collector; (b) In the opinion of the Council, or the waste collector or waste operator where applicable, the waste is in an unsanitary or in an offensive condition; (c) The waste includes waste prohibited under this Bylaw; (d) The container/receptacle is not an approved receptacle; (e) The receptacle is in a condition that allows spillage of waste or is not of a sufficient size to contain the waste; (f) The receptacle or the waste does not comply with the rules under this Bylaw in terms of type, size, volume, weight, numbers, colour, placement or any other detail; (g) The number of approved receptacles placed out for collection is greater than the authorised number of receptacles for the property, unless approved by an authorised officer; or (h) Any other reason which the Council, or the waste collector or operator, deems would cause a health and safety concern to the waste collection operation. 8.5 No person shall: (a) Put waste into an approved receptacle allocated to any other person, without that other person’s consent; (b) Remove waste from, or interfere with any waste deposited in, an approved receptacle, except the Council, a waste collector, or the person who deposited the waste; or (c) Remove a receptacle provided to the premises to which it has been allocated, except with the prior written approval of the Council or the waste collector. 8.6 The occupier and/or the manager of any premises is responsible for any waste generated on that premises until it has been collected. 8.7 The occupier and/or the manager of any premises is responsible for any waste not collected because of non-compliance with this Bylaw. Any waste or recyclables not collected shall be removed from the roadside by the occupier and returned to the occupier’s premises by noon on the day following collection or within such other time period as specified by a control made under this Bylaw. 8.8 To enable the occupier and/or the manager of a premises to be able to comply with clauses 8.1-8.5, an authorised officer may approve placement of approved receptacles in a location other than directly outside that premises. 8.9 Where any breaches of the conditions in clauses 8.1-8.5 occur, the waste collector shall not be obligated to collect the waste. 8.10 No waste shall be transported by vehicle through, over or upon any road or public place unless such waste is sufficiently and adequately covered to prevent any of the waste from falling or otherwise escaping on to any road or other public place. 8.11 Any waste or diverted material deposited in or on a public place or disposed of in a manner that is in breach of this Bylaw, and/or any controls made under clause 7 of the Bylaw, shall be deemed to be litter under the Litter Act 1979 and will be subject to enforcement action under that Act.
9	Waste collections from a public place	9.1 Waste must not be placed on or in a public place for collection unless it is: (a) A type of waste specified and approved by the Council as able to be placed on or in a public place for collection; and (b) Placed in an approved receptacle for collection by a waste collector. 9.2 Prohibited waste, diverted material, construction and demolition waste, or commercial or industrial waste must not be placed on or in a public place for collection unless authorised by the Council under this Bylaw or another Council Bylaw. 9.3 Any waste collector who collects or transports waste from a public place must: (a) Make available to the occupier and/or manager of a premises the appropriate approved receptacles to enable separate collection of each of the waste types required to be separately collected from the premises; (b) Clearly identify their name and contact details on all approved receptacles; (c) Not collect any household waste which has not been separated into the waste types as required under this Bylaw and/or any controls made under clause 7 this Bylaw; and (d) Following collection, ensure that any receptacle is placed so that it does not disrupt or obstruct pedestrian, wheelchair or vehicular traffic, and so that access to the premises is preserved. 9.4 Any person providing or using a waste collection service in or from a public place must comply with all controls made under this Bylaw by the Council relating to that collection.
10	Approved Collection Points	10.1 No person may deposit waste at an approved collection point other than in accordance with any applicable Council control. 10.2 The Council may specify: (a) Any place, or receptacle in a public place or on a barge in a marine area, as an approved collection point for the collection of household waste; and (b) Controls relating to the deposit of waste at the collection point including the use of specified receptacles.
11	Licensing of Waste Collectors and Waste Operators	11.1 Any: (a) Waste collector who handles more than 20 tonnes of waste in any one twelve month period in, around or out of the [insert District/City name]; or (b) Waste operator with a waste management facility in the Kāpiti Coast District that handles more than 20 tonnes of waste in any one twelve month period; must have a current licence that has been issued by the Council and may not collect waste or operate a waste management facility (as the case may be) without such a licence. 11.2 An application for a licence must be made on the approved form available from the Council, and must be accompanied by the application fee and the supporting information required by the Council to process the application. 11.3 The holder of an existing licence may apply to the Council for a renewal of that licence. 11.4 A licence is personal to the holder and is not transferable. 11.5 A licence may be granted or refused at the discretion of the Council, and if granted, may be on such terms and conditions as the Council considers fit. 11.6 When considering a licence application, the Council may take into account a range of factors including but not limited to the following: (a) The nature of the activity for which a licence is sought; (b) The extent to which the licensed activities will promote public health and safety, and support achievement of the Council’s WMMP, including the waste minimisation goals and initiatives within that plan; (c) The extent to which the licensed activities will adopt best practice waste management and minimisation; (d) The quantity and type of waste to be handled; (e) The methods employed for the handling, disposing and recycling of the waste and the minimisation of litter, including (but not limited to): i. the identity of the waste management facility at which it is proposed that recycling, recovery, sorting, storage, treatment, or disposal will occur; and ii. adherence to health and safety standards and any other relevant industry standards; (f) The frequency and location of the waste collection, removal, storage and transportation services; (g) The applicant’s experience, reputation, and track record in the waste and diverted material industry, including any known past operational issues which may affect the applicant’s performance, and any breaches of previous licence conditions; and (h) The terms and conditions under which any disposal of waste is permitted and the existence of, or need for, any statutory approvals, authorisations, or consents required to be held or complied with in respect of such disposal. 11.7 When considering an application for a licence, the Council may inspect the premises or locations related to the application in relation to the purposes for which the licence is sought. 11.8 A licensed waste collector or waste operator must comply with all terms and conditions of the licence. The terms and conditions may include, but are not limited to, the following matters: (a) Term – a licence may be granted for a term of up to five years from the date of Council approval, or for a shorter duration if specified in the terms and conditions of the licence, and will be reviewed every year by the Council to ensure compliance with the terms and conditions of the licence; (b) Licence fee – the licensee must pay an annual licence fee in the amount determined by the Council; (c) Performance bond – the Council may require a licence holder to post a bank-guaranteed bond or a security; (d) Compliance – the licence holder must comply with any relevant controls, standards or policies the Council has set for waste handling such as (but not limited to): i. Provision of waste collection services within reasonable collection times and to meet any minimum collection frequencies specified by Council; ii. Provision of appropriate approved receptacles for waste collection which clearly identify the waste collector’s name and contact details; and iii. The collection of any litter within a specified distance of an approved receptacle awaiting collection and any litter spillage from the licence holder’s vehicle during the collection, transportation, storage or disposal process. (e) Provision of information – the licence holder must provide data relating to all waste they have handled to the Council during the term of their licence, in the form and at the times determined by the Council (but not limited to): i. The quantities of various waste types that have been handled by the waste collector or waste operator during a specified period of time, including the source and destination of each waste type and the method of processing (recycling, recovery, treatment, disposal etc); and ii. Weighbridge receipts, gate records of waste tonnages per waste type as specified in the licence. The minimum requirement will be an annual performance report due within one month of the completion of each year of the licence. 11.9 The Council may suspend or revoke a licence if the licence holder fails to comply with this Bylaw, any of the terms or conditions of the licence, any relevant controls made under this Bylaw, or acts in a manner which the Council considers, on reasonable grounds and in light of the purpose of this Bylaw, is not suitable for the holder of a licence. 11.10 Fees and charges for the issue of licences under this Bylaw are set out in Council’s Schedule of Fees and Charges and may be amended from time to time in accordance with section 150 of the Local Government Act 2002.
12	Multi-Unit Developments - Waste management plans Waste collection, transportation, storage and deposit controls	12.1 The owner and/or the manager of a multi-unit development must make adequate provision for the management of all waste, recycling and organic material generated within the premises. This includes arrangements for the regular collection of waste to the satisfaction of Council and the provision of adequate areas for: (a) The storage of disposed of or discarded material on the premises from any activity on that premises; and (b) The collection of disposed of or discarded material if collection occurs on the premises. 12.2 Subject to any exemption granted in accordance with clause 12.5, the owner and/or the manager of a multi-unit development must submit to the Council for approval a multi-unit development waste management and minimisation plan for: (a) The management of an existing multi-unit development if any of the occupiers cannot dispose of or discard material as expressly allowed in clause 8, within three months of the date that the owner and/or manager is notified by the Council of the requirement to obtain approval of a multi-unit development waste management plan; or (b) A planned multi-unit development, prior to the commencement of construction of the multi-unit development. 12.3 A multi-unit development waste management and minimisation plan must include, but is not limited to, the following information: (a) The person or persons responsible for the management, collection and disposal of waste and the methods to be used; (b) Identification of an adequate area on the premises for the storage of receptacles that is readily accessible to the occupiers of units and the waste collector to enable separate collection and transportation of waste and recycling as specified by the Council; (c) An estimate of the types and volumes of waste that will be generated; (d) How waste generated within the premises is to be minimised employing the waste hierarchy and the steps to maximise the collection and use of recyclables, organic waste and reusable material; (e) The methods to be used to minimise noise and odour and to keep the area hygienic, free from vermin or other infestations, and protected from theft and vandalism; (f) Identification of the means and route of access and egress to the waste storage area; and (g) Any other matter relating to waste management and minimisation that may be specified by the Council. 12.4 Any person who owns, manages or occupies a multi-unit development must comply with the approved multi-unit development waste management plan for that development and any conditions applied to the approval by the Council (except if an exemption is granted in accordance with clause 12.5). 12.5 The Council may, on application, grant a written exemption from compliance with all or any the requirements of this clause 12 if: (a) In the opinion of the Council, the costs of full compliance would be disproportionate to any resulting waste management and minimisation benefits; and/or (b) The owner and/or the manager demonstrates to the satisfaction of the Council that recyclable material, organic waste and other wastes are separately and regularly collected. 12.6 The Council may specify further controls for the following matters in relation to the collection, transportation, storage or deposit of waste from multi-unit developments: (a) The categories of recyclable material, organic waste and other residual waste that may be deposited at or collected from a multi-unit development; (b) The times, locations and conditions applicable to any collection service from a multi-unit development, including the placement and retrieval of receptacles for collection, collection times and restrictions on the number and weight of approved receptacles; (c) Requirements to ensure the correct separation of organic waste, recyclable materials and other residual waste into approved receptacles; and (d) Any other operational matter required for the safe and efficient operation of a collection service from a multi-unit development. 12.7 Any person who owns or manages a multi-unit development or owns or occupies a unit in a multi-unit development must comply with any controls for the deposit, collection, transportation, storage and management of waste in the multi-unit development made by the Council under clause 7 of this Bylaw.
13	Events	13.1 At least 30 working days prior to the commencement of an event, the event manager must submit to the Council for approval an event waste management and minimisation plan for the event. 13.2 The event waste management and minimisation plan must set out: (a) An estimate of the types and amounts of waste to be generated by the event; (b) How waste generated by the event is to be minimised; (c) The steps that will be taken to maximise the use of reusable systems, the collection and use of recyclables and other recoverable and compostable materials, and an estimate of the diversion of waste and the avoidance of waste; (d) The equipment to be provided for any reusable system and for the storage, collection and transportation of waste and diverted material; (e) The proposed method for minimising and capturing litter associated with the event; (f) The person responsible for the collection and disposal of waste and the methods to be used; (g) The timing and frequency of the collection of waste, during or after the event; and (h) Any other matters relating to event waste management and minimisation that may be specified by the Council. 13.3 The manager of an event must comply with the event waste management and minimisation plan approved by the Council for the event. 13.4 On completion of the event, the event manager must provide the Council with a waste analysis report, which at a minimum, will include a breakdown of: · The types of waste generated by the event; · The amounts of waste (by type) generated by the event; · The amount of waste diverted; and · The waste management facilities used to recover, recycle, treat or dispose of this waste. · https://www.kapiticoast.govt.nz/services/a-z-council-services-and-facilities/events/event-waste-management/
14	Construction Site and Demolition Waste	14.1 The Council may make a control under this Bylaw to require any person that is applying for a building consent for building work of a certain estimated value or higher to submit a construction site and demolition waste management and minimisation plan to the Council for approval prior to the commencement of any building work. 14.2 At a minimum, a construction site and demolition waste management and minimisation plan must set out: (a) The name of the client, principal contractor, and person who prepared the waste management and minimisation plan; (b) The location of the site; (c) The estimated total cost of the building work; (d) A description of all types of waste expected to be produced; (e) The proposed method of waste management for each type of waste (e.g. reuse, recovery, recycling, disposal); and (f) The proposed method for minimising and capturing litter associated with the project and the building work. 14.3 A construction site and demolition waste management and minimisation plan is required by Council to set out: (a) An estimate of the quantity of each type of waste; and (b) An estimate of the diversion of waste. 14.4 While the building work is being carried out, the principal contractor must: (a) Review the construction site and demolition waste management and minimisation plan as necessary; (b) Record quantities and types of waste produced; and (c) Record the types and quantities of waste that have been: i. Reused (on or off site); ii. Recycled (on or off site); iii. Sent to other forms of recovery (on or off site); iv. Sent to landfill; v. Sent to cleanfill; or vi. Otherwise disposed of. 14.5 Within three months of completion of the building work the principal contractor must add to the construction site and demolition waste management and minimisation plan: (a) Confirmation that the plan has been monitored and updated; (b) A comparison of estimated quantities of each type of waste generated against the actual quantities of each waste type; (c) An explanation of any deviation from the plan; and (d) An estimate of any cost savings that have been achieved by completing and implementing the plan. and submit this to the Council. 14.6 Where a construction site and demolition waste management plan is required, the principal contractor must ensure that a copy of the construction site and demolition waste management plan is kept on site, and that every contractor knows where it can be found. It must be available to any contractor carrying out any work described in the plan. [to be included when the control is set by Council; link to any useful information and material/aids to assist people preparing waste management plans e.g. free templates and support available from agencies such as BRANZ and the Green Building Council]
15	Inorganic waste	15.1 The Council may specify controls for the following matters in relation to the collection of inorganic waste from a public place: (a) the weight, size and nature of inorganic waste that may be deposited for collection; (b) the categories of inorganic waste that may be deposited for collection; (c) the times, locations and conditions applicable to the collection of inorganic waste from a public place; (d) the collection methods that cause health and safety risks; (e) any other operational matters required for the safe and efficient collection of inorganic waste from a public place. 15.2 Any person who deposits inorganic waste for collection on, or collects and transports inorganic waste from, a public place must comply with any controls made by the Council under this Bylaw.
16	Nuisance and litter	16.1 No person may: (a) allow any accumulation of waste or diverted material on any premises they own, occupy or manage to become offensive, a nuisance or likely to be injurious to health; or (b) use an approved receptacle in a manner that creates a nuisance, is offensive or is likely to be injurious to health. 16.2 Except as provided for under this Bylaw, no person may: (a) bury or allow to be buried any waste on any property they own, occupy or manage except: i. organic waste, including dead farm animals in rural areas; ii. dead companion animals and nuisance pests; or iii. for the purposes of home composting; iv. waste deposited in a farm refuse dump or an offal pit that is consented or complies with the permitted activity conditions of the Wellington Region Natural Resources Plan; (b) dispose of any waste on any premises except at – i. a waste management facility, or ii. any premises they own, occupy or manage, for the purposes of home composting. 16.3 No person may: (a) deposit any waste arising from that person’s household or that person’s business activities in any litter receptacle provided by the Council in any public place; (b) remove any waste from any litter receptacle provided by the Council in any public place, where this results in any waste being deposited outside the litter receptacle, unless authorised by the Council to do so; (c) deposit or attempt to deposit any litter in any litter receptacle provided by the Council in any public place if: i. the receptacle is full; or ii. the litter is likely to escape; (d) fix or attach any flag, banner, bunting, balloon, sign, poster, leaflet or similar thing to any litter receptacle provided by the Council in any public place; or (e) damage any litter receptacle provided by the Council in any public place. 16.4 The owner, occupier or manager of any premises on which any flag, banner, bunting, balloon, sign, poster, leaflet or similar device is displayed that is likely to become litter, must take all steps to the satisfaction of the Council to prevent it becoming litter and to clean it up in the event that it does become litter.
17	Unaddressed mail and advertising material	17.1 No person may deposit, cause, permit or authorise the deposit of any unaddressed mail or advertising material: (a) in any letterbox which is clearly marked "no circulars", "no junk mail", "addressed mail only" or with words of similar effect, or around or near any such letterbox or associated vehicle accessway; (b) on any vehicle parked in a public place; or (c) in a letterbox that is already full of mail and/or advertising materials. 17.2 Clause 17.1(a) does not apply to: (a) material or public notices from any government department or agency, crown entity, local authority, or material from a network utility relating to the maintenance, repair, servicing or administration of that network utility; (b) communications or fund raising material from local community organisations, charities or charitable institutions; (c) material from a political party, political candidate or elected member; or (d) a community newspaper or newsletter, unless the letterbox is clearly marked “no community newspapers” or with words of similar effect. 17.3 Any unaddressed mail or advertising mail deposited in a manner in breach of clauses 17.1 and 17.2 shall be deemed to be litter under the Litter Act 1979. national code of practice for distribution of unaddressed mail
18	Donation Collection Points	18.1 Anyone intending to establish a donation collection point in or on a public place must notify the Council in advance and must operate the donation collection point in compliance with any requirements the Council specifies including but not limited to: (a) location; (b) vehicle access; (c) type of waste which may be deposited; and (d) use of approved receptacles. 18.2 All donation collection points must ensure: (a) the removal of deposited material from the collection point; (b) the clean-up of any litter or illegal dumping; and (c) the clean-up or removal of any graffiti.
PART 3: OTHER MATTERS
19	General Offences and Penalties	19.1 Any person who fails to comply with this Bylaw and the decisions and controls made under this Bylaw commits an offence under section 239 of the Local Government Act 2002 and is liable to a fine as specified in section 242(4) of the Local Government Act 2002. 19.2 A person who commits a breach of this Bylaw that is an offence under the Litter Act 1979, the Waste Minimisation Act 2008 or the Health Act 1956 is liable to a penalty (without limitation) under those Acts, as relevant.
20	Other Enforcement Powers - Non-compliance with licence terms and conditions Non-compliance with general responsibilities and waste collection requirements Non-compliance with approved collection point requirements Non-compliance with waste management plan requirements Non-compliance with inorganic material requirements Non-compliance with unaddressed mail requirements	20.1 Any control that is made or amended by Council under clause 7.1 shall be enforceable under this Bylaw. 20.2 Where a licence holder does not comply with the requirements of this Bylaw and/or the terms and conditions of a licence, the Council may take one or more of the following steps: (a) Issue a written warning to the licence holder, which may be treated as evidence of a prior breach of a licence condition during any subsequent review of the licence; (b) Review the licence, which may result in: i. amendment of the licence; or ii. suspension of the licence; or iii. withdrawal of the licence. (c) Have recourse to any performance bond or security where the Council has incurred any cost as a result of the breach of the licence condition, including where the Council has itself performed or arranged for the performance of any licensed activity on the default of the licence holder; (d) Review the amount and nature of the performance bond or security, which may result in: i. an increase of the amount of the performance bond or security; ii. a change to the nature of the security that has been provided. (e) Enforce any offence that may have been committed under the Litter Act 1979; and (f) Enforce any breach of this Bylaw, as provided for in the Health Act 1956, the Local Government Act 2002 and the Waste Minimisation Act 2008. 20.3 Where a person does not comply with the requirements of this Bylaw and/or any controls made under the Bylaw in relation to the waste and diverted materials collection service that applies to them, the Council (or a licensed waste collector where applicable) may take the following action(s) against the person: (a) Reject (i.e. not collect) the contents of any approved receptacle left out by that person for collection from a public place, if the contents or placement of the receptacle is non-compliant; (b) Remove the contents of any approved receptacle left out for collection from a public place where the contents or placement of the receptacle is non-compliant, subject to payment of the costs of removal, administrative costs and an additional penalty equivalent to the amount payable for the collection of the largest available size of approved receptacle from that premises; (c) Withdraw or suspend the collection service being provided to that person; (d) Enforce any offence that may have been committed under the Litter Act 1979; and/or (e) Enforce any breach of this Bylaw, as provided for in the Health Act 1956, the Local Government Act 2002 and the Waste Minimisation Act 2008. 20.4 Where action has been taken against a person under clause 20.3(c), the Council can authorise the reinstatement of the collection service once it is satisfied on reasonable grounds that the Bylaw will be complied with. 20.5 Where a person does not comply with a control made by the Council under clause 10 of this Bylaw the Council may: (a) Suspend that person's use of any service provided by the Council at any or every waste collection service; (b) Enforce any offence that may have been committed under the Litter Act 1979; or (c) Enforce any breach of this Bylaw, as provided for in the Health Act 1956, the Local Government Act 2002 and the Waste Minimisation Act 2008. 20.6 Where a person does not comply with any of the requirements in clauses 12 (Multi-Unit Developments), 13 (Events) or 14 (Construction Site and Demolition Waste Management Plans) and/or any controls made under the Bylaw, the Council may take one or more of the following steps: (a) Enforce any offence that may have been committed under the Litter Act 1979; and/or (b) Enforce any breach of this Bylaw, as provided for in the Health Act 1956, the Local Government Act 2002 and the Waste Minimisation Act 2008. 20.7 Where a person does not comply with a control made by the Council under clause 15 of this Bylaw, the Council (or a licensed waste collector or waste operator where applicable) may: (a) Reject (i.e. not collect) the inorganic material, if the inorganic material or placement is non-compliant; (b) Remove the inorganic material, where the inorganic material or placement is non-compliant, subject to payment of the costs of removal, administrative costs and an additional penalty specified by the council; (c) Enforce any offence that may have been committed under the Litter Act 1979; and/or (d) Enforce any breach of this bylaw, as provided for in the Health Act 1956, the Local Government Act 2002 and the Waste Minimisation Act 2008. 20.8 Where a person does not comply with any of the requirements in clause 17 of this Bylaw, the Council may use its enforcement powers under the Litter Act 1979.
21	Exceptions and Saving Provisions	21.1 A person is not in breach of this Bylaw if that person proves that the act or omission was in compliance with the directions of an Authorised Officer. 21.2 A product stewardship scheme accredited under the Act may be exempt from the requirements of this Bylaw.
22	Fees	22.1 The Council may in accordance with the provisions of section 150 of the Local Government Act 2002 set prescribed fees under this Bylaw. 22.2 The Council may refund, remit or waive any fee prescribed by this Bylaw or charge payable for an authority, approval, licence, permit or consent from, or inspection by, the Council, for any reason it thinks fit.
23	Forms and processes	23.1 The Council may prescribe the form of, and process to be followed for, any application, approval, licence, or other document, which is required under this Bylaw (or any related controls made by Council). These forms and processes may be altered or amended at any time.

SCHEDULE 1: CONTROLS SET UNDER THE KAPITI COUNCIL SOLID WASTE MANAGEMENT AND MINIMISATION BYLAW 2021

In accordance with clause 7.1 of the Kāpiti District Council Solid Waste Management and Minimisation Bylaw 2020, the Council resolves the following controls in relation to solid waste management, collection and disposal.

1 INTRODUCTION AND COMMENCEMENT

1.1 These are Council resolutions made pursuant to clause 7.1 of the Kāpiti Solid Waste Management and Minimisation Bylaw 2020 (“the Bylaw”) and should be read and conjunction with it.

These resolutions come into force on 1 January 2021

CONTROLS

Waste collection Services (applicable to any privately or Council provided collection service)

1.2 Approved receptacles for the collection of household waste (including recycling and organic waste) are:

a) Wheeliebins for waste

b) Wheeliebins for mixed recycling excluding glass

c) Crates for glass recycling

d) Crates for mixed recycling including glass

e) Wheeliebins for organic waste

1.3 The types of and categories of waste that can be deposited in receptacles for household waste:

a) Wheeliebins for waste: residual waste originating from a household which may not include prohibited waste, hazardous waste, trade waste, liquid waste or construction and demolition waste

b) Wheeliebins for mixed recycling excluding glass: plastics numbered 1, 2 and 5 (without lids), cardboard, paper, aluminium and steel cans. Glass cannot be deposited in these wheeliebins but must be deposited in the separately provided crate.

c) Crates for glass recycling: glass bottles and jars (without lids) only

d) Crates for mixed recycling including glass: plastics numbered 1,2 and 5 (without lids), cardboard, paper, aluminium and steel cans, glass bottles and jars

1.4 The permitted times for waste, recycling or other diverted material collection services, whether the service is provided by private waste collectors or Council (clause 7.2 (d)) are as follows:

a) For residential areas within the Kāpiti Coast District collection services are permitted 6 days of the week (Monday – Saturday) between the hours of 7am to 6pm.

b) For business activity areas (retail, commercial and industrial) located within specific centres and zones within the District, collection services are permitted 6 days a week (Monday to Saturday) between the hours of 6.00am and 9.00pm.

c) The Council may approve a variation to collection times for reasons of health, safety or congestion. Requests must be made to the Authorised Officer under this Bylaw (General Manager Infrastructure Services). Prior to the consideration of the request, all affected parties must be notified by the Authorised Officer and given the opportunity to have their views considered by the Council as part of the decision making process. If a variation to collection times is approved, the collection service provider must notify all affected customers in writing of the times for when waste and diverted material must be put out.

1.5 Where the operation of a waste, recycling or other diverted material collection service can be carried out entirely on private property, the permitted times are as follows:

a) For all areas within the Kāpiti Coast District on any day at any time except for between the hours of 10.00pm and 6.00am, unless the conditions of a current resource consent for the property or an activity on the property provide otherwise

1.6 The emptying of Council provided litter receptacles located in public places may occur on any day and at any time.

Storage of Waste

1.7 Waste, recycling or other diverted material must not be stored in or on a public place unless specifically approved by the Kāpiti Coast District Council.

Placement and Retrieval of Waste and Waste Receptacles

1.8 Waste, recycling or other diverted material may only be placed in or on a public place for collection pursuant to the Bylaw or the controls made under the Bylaw unless otherwise approved by the Kāpiti Coast District Council.

1.9 Approved receptacles must be placed in an appropriate location in or on a public place^{^[4]} for the collection of waste, recycling or other diverted material during the following permitted times:

a) Receptacles may be placed for collection from 12 noon on the day preceding collection, and must be placed for collection before 7.00am on the day of collection or by the latest time as notified by a private collection service provider.

b) All receptacles and any uncollected waste, recycling or other diverted material must be removed from the public place by 12 noon on the day following collection day unless the collector has sent out notification that collections were delayed and will now be carried out on that following day. In that case a) applies.

1.10 Other diverted materials or inorganic waste for which a collection day has been agreed and confirmed between the occupier/owner of a premises/property and an approved collector, must in principle be collected from the private property that the waste originates from. If collection from private property is not possible, these materials must be placed in an appropriate location in or on a public place. Controls 1.8, 1.9, 1.4 and 1.5 apply to these collections.

1.11 Any type of uncollected waste, recycling or diverted material including approved receptacles and waste outside of an approved receptacle, intentionally or otherwise, remain the property and responsibility of the depositor and will be considered litter under the Litter Act 1979 if not removed from the public place and will be subject to enforcement action under that Act.

Prohibited waste

1.12 No person shall deposit or cause or allow any of the following materials to be deposited in any approved waste receptacle placed for collection:

a) Explosives, highly inflammable or infectious material, hot ashes

b) Liquids, acids, printer’s ink, paint or any other viscous fluid;

c) Any pesticides, herbicides, fungicides or other toxic compounds or any containers that have been used to hold such materials;

d) Any ashes, broken bottles, glass or glass particles, broken crockery, broken china, razor blades, syringes, knives or any other object or material capable by reason of its shape or sharpness of causing injury unless such waste is properly and sufficiently wrapped/contained so as to prevent injury to waste collectors, damage or loss; or

e) Hazardous waste as defined in clause 6 of the Bylaw; or

f) Any other prohibited waste as identified in clause 6 of the Bylaw.

1.13 No person shall deposit or cause or allow any of the following materials to be deposited in any approved recycling receptacle place for collection:

a) Any broken glass or bottles

b) Any type of waste that is not recyclable material that can be placed in recycling receptacles for collection as set out under control 1.3.

Council Meeting Agenda

10 December 2020

9.5 Endorsement of Wellington Regional Growth Framework

Author: Morag Taimalietane, Principal Advisor

Authoriser: Janice McDougall, Group Manager People and Partnerships

Purpose of Report

1 This report seeks the Council’s endorsement of the draft Wellington Regional Growth Framework for public consultation.

Delegation

2 The Council has the authority to consider this matter.

Background

3 The Wellington Regional Growth Framework (the Framework) is a 30-year spatial plan that describes a long term vision for how the region will grow, change and respond to key urban development challenges and opportunities in a way that gets the best outcomes and maximises the benefits across the region.

4 The region in the context of the Framework includes the councils in the Greater Wellington region and Horowhenua District Council.

5 The Framework is one of a number of spatial plans that have been/are being developed around the country under the Urban Growth Agenda.

6 Spatial planning is one pillar of the Urban Growth Agenda and is focused on successful growth management. Its core proposition is that well-planned and managed urban growth should result in improved environmental, employment, transport, and housing outcomes for communities.

7 Other spatial plans have been completed for the Hamilton-Auckland corridor, the metro Hamilton area and the Western Bay of Plenty. Queenstown is currently under development.

development and focus areas

Framework Development

8 The Framework development was a collaboration between central government, the councils of the region and iwi with key partners shown in the table below.

Local government

Central government lead partners

Mana whenua

Kāpiti Coast District Council

Horowhenua District Council

Porirua District Council

Carterton District Council

Greater Wellington Regional Council

Hutt City Council

Masterton District Council

South Wairarapa District Council

Upper Hutt City Council

Wellington City Council

Ministry of Housing and Urban Development

Waka Kotahi – New Zealand Transport Agency

Ātiawa ki Whakarongotai Charitable Trust

Te Runanga o Toa Rangātira

Ngā Hapū o Ōtaki

Ngāti Raukawa (Horowhenua)

Muaūpoko Tribal Authority

Ngāti Kahungunu ki Wairarapa Charitable Trust

Port Nicholson Block Settlement Trust

Rangitāne Tū Mai Rā Trust

9 Other key central government agencies we have been working with on the Framework are Department of Internal Affairs, Ministry of Transport, Ministry for the Environment, Treasury, Kāinga Ora and Ministry of Business, Innovation and Employment.

10 The Framework has been developed from working with a number of stakeholders and has included:

· Technical workshops focused on three waters, health/education and economic/business

· Presentations to each Council, one on one meetings with council staff

· Two joint all councils/iwi workshops

· Meetings and workshops with key central government stakeholders (such as Kāinga Ora, Ministry of Transport, Department of Internal Affairs, Ministry of Education and the Treasury)

· Two big partner/ stakeholder workshops (120 people and 80 people respectively).

· One on one meetings with stakeholders (such as District Health Boards, Chambers of Commerce, Regional Public Health and the Insurance Council)

· Maps developed in workshops, flip chart papers, notes and presentations from workshops

· Discussions and feedback at monthly Steering Group meetings

11 Mana whenua have had input into the development of the Framework, including through one on one meetings, Steering Group meetings, through other Māori representatives such as Māori health providers, and input from a workshop focused on Māori Economic Development.

12 A detailed analysis of the Framework development process can be found at: https://wrgf.co.nz/wp-content/uploads/2020/09/WRGF-Options-Assessment-Report-Aug-2020.pdf.

Issues and Focus Areas

13 The Wellington region is experiencing a wide-range of issues which the Framework has focused on to ensure improved outcomes are achieved, including:

13.1 The region is growing faster than it has done for many decades and is facing immediate and longer-term housing supply and affordability, urban development, and infrastructure challenges.

13.2 Significant investment in housing, urban development, transport and three waters infrastructure and services as well as regional and district planning and policy changes will be needed to support future growth.

13.3 Climate change, including projected sea level rise, increased severity of weather events, environmental stewardship pressures, barriers to mana whenua in fulfilling their role as kaitiaki, and natural hazards are all creating challenges and uncertainty.

13.4 Increasing numbers of vehicles on the roads, capacity and reliability issues associated with buses and trains and network resilience issues are straining the regional transport system and if not addressed may result in challenges in achieving the necessary transport system shifts that we are seeking.

13.5 Community infrastructure needs more coordinated investment to accommodate growth including open spaces, community facilities, schools, and health care facilities.

13.6 Providing for community-based outcomes and contributing to liveability by creating great places that strengthen local character and diversity and develop a sense of place for each area.

13.7 Regional economic development and employment, especially the spatial impacts of where and how people work.

14 These issues are regional, and having a region-wide approach supports our ability to create a strong partnership between central government, local government, and iwi, to focus on and respond to these issues.

15 The Framework identifies where areas for housing, public transport and roads, three waters infrastructure, businesses and jobs, are recommended in the context of the issues and focus areas mentioned above, and seeks to reflect the housing and urban development aspirations of mana whenua in the region.

16 Six project objectives were identified for the Framework:

16.1 Increase housing supply, and improve housing affordability and choice

16.2 Enable growth that protects and enhances the quality of the natural environment and accounts for a transition to a low/no carbon future

16.3 Improve multi modal access to and between housing, employment, education and services

16.4 Encourage sustainable, resilient and affordable settlement patterns/urban forms that make efficient use of existing infrastructure and resources

16.5 Build climate change resilience and avoid increasing the impacts and risks from natural hazards

16.6 Create employment opportunities.

17 A copy of the draft Framework, which includes a series of spatial maps and a set of key initiatives and projects, is attached as Appendix One.

Growth Assumptions

18 The current population of the Wellington-Horowhenua region is 562,790 compared to 457,690 in 1996.

19 The Framework identifies how the Wellington-Horowhenua region could accommodate a future population of 760,000 - an additional 200,000 people living in the region, with 100,000 more jobs.

20 While population projections^{^[5]} for the region suggest new homes may be needed for between 91,000 to 151,000 additional people, in the next 30 years, there is no certainty about when, how or at what rate, the region’s population might reach this size.

21 The Framework has been developed based on a high growth scenario (200,000 people) to give a better understanding of what would be required to accommodate this level of growth, and potential infrastructure needs.

The Kāpiti Coast

22 The Western Corridor area (from Tawa to Levin) is expected to accommodate 43 percent of housing growth identified through the Framework.

23 Within Kāpiti the Framework has highlighted a number of potential changes to the way growth would develop.

Urban Renewal Areas

24 Parapapaumu Centre, Waikanae and Ōtaki are identified as Urban Renewal Areas.

25 The Framework defines Urban Renewal Areas as ‘brownfield’ developments, including high-density developments in all seven major centres in the region and medium-density developments at nodes.

26 Urban Renewal Major centre developments will provide higher-density housing, with the specific densities determined by the local areas.

27 Urban Renewal Mode developments are walkable neighbourhood developments around rapid transit stops/railway stations and will comprise medium-density housing and provide for a number of daily needs within 10- to 20-minute walks from home, including local shopping centres e.g. more than dairies.

Future Urban Areas

28 Future Urban Areas are defined as ‘greenfield’ developments, generally more than 1000 new dwellings. Both Waikanae North and Ōtaki North are identified as Future Urban Areas within the Framework. These areas are already zoned for future urban development in the District Plan.

29 These developments will deliver higher housing densities than would currently be found in greenfield developments in the region. They are likely to be medium density with housing types such as townhouses and low-level apartments, and have easy access to more frequent public transport to connect people to employment, services and education.

Further Study Areas

30 Paraparaumu North and Te Horo / Peka Peka are identified as Further Study Areas. These areas are not currently zoned for residential purposes, but warrant further investigation as potential long term solutions to meet demand based on growth projections.

Key initiatives and Projects

31 A number and range of projects have been identified at this point as required to deliver the intent of the Framework. While many regionally focused initiatives and projects will have an impact on Kāpiti, some have a more direct focus on Kāpiti. These include:

31.1 Undertake an assessment of public transport and social infrastructure requirements to support the increase in population in the Kāpiti / Horowhenua area.

31.2 Unlocking the regional rail network: Project underway to increase service frequency on the Hutt and Kāpiti lines through projects including double tracking between Trentham and Upper Hutt, improved turn-back facilities at Plimmerton and improved station capacity.

31.3 Enhancing regional rail capacity: Next stage project to deliver service frequency improvements from Wellington to Palmerston North and Masterton, through rail infrastructure improvements.

31.4 Improve section of rail between Pukerua Bay and Paekākāriki: Significantly minimise or eliminate a major constraint to rail capacity and improve the resilience of the rail network on the west coast.

32 A full list of key initiatives and projects is included in Appendix One.

Next steps and Implementation

33 From October 2020 to early 2021, each Council and Iwi in the region is being asked to endorse the draft Framework for public consultation.

34 Following this, endorsement of the Framework will be sought by Cabinet (as per the process that has been followed for other spatial plans).

35 Public consultation on the Framework is expected to be undertaken in the first half of 2021 once all of the partners have endorsed the draft for consultation.

Implementation

36 The complex nature and challenges of implementation should not be underestimated, especially given the long timeframe of the Framework and the issues presented by the growth we are expecting. Some of our work will require challenging decisions to be made for the region.

37 Delivering the Framework will require a level of enduring partnership between and within local government, iwi and central government not seen on this scale in the region before. It will build on the partnership developed during work on the Framework.

38 The partnership will include aspects of how implementation of the Framework is governed, how we work together on key initiatives and how we fund these key initiatives and other projects identified.

39 An implementation plan will be developed for the Framework that will identify potential sequencing of the key spatial initiatives and other growth areas and the potential timing and costs for infrastructure and other system changes that may be required to deliver the growth and outcomes envisaged by the Framework. This implementation plan will be progressed over the next six months.

40 Subsequent projects will also be identified in later years dependent on the findings of key initiatives and projects currently identified. An example of this is any decision to proceed with investment in the possible west-east growth corridors.

Considerations

Policy considerations

41 The Framework takes into account work already underway. This includes work by councils such as city spatial plans or district plan changes, work led by central government agencies such as ‘Arataki’^{^[6]} and mode shift planning and work by iwi such as the Kenepuru Landing development.

42 The National Policy Statement on Urban Development (NPS-UD) requirements have also been taken into account through the development of the Framework. Although it has been broadly aligned with the approach to developing a Future Development Strategy (which is a requirement of the NPS-UD), at this stage it has not been developed to meet all of the requirements of one.

43 Going forward the Framework will also need to consider government policy work such as the Resource Management Act review, the three waters review and include requirements for a Future Development Strategy.

44 The diagram below provides an overview of how the framework and other documents fit together.

45 The guidance provided through the Framework will help to inform the Councils upcoming Growth Strategy process, and future changes to the District Plan.

46 Public consultation for the Framework is expected to take place in the first half of 2021. Insights gained will be used to shape the Councils draft growth strategy, which itself is intended for public consultation in mid-late 2021.

Legal considerations

47 There are no legal considerations in relation to the recommendations made in this Council Report.

Financial considerations

48 Any costs to the Council associated with future projects and initiatives resulting from the Framework will need to be considered in upcoming Long Term Plan and Annual Plan processes.

Tāngata whenua considerations

49 The Framework seeks to reflect the housing and urban development aspirations of mana whenua in the region.

50 All iwi of the region have had the opportunity to participate in the development of the draft Framework, and to participate in the Project Steering Group and Executive Review Group.

Strategic considerations

51 Through the 2018 Long Term Plan, the Council identified ten-year outcomes, including five which had a three-year focus. The Framework, and in particular the key initiatives and projects identified in the Framework, will support the Councils’ progress towards achieving a number of the outcomes, including:

51.1 Infrastructure investment that supports resilience and agreed growth projections.

The Framework identifies where areas for housing, public transport and roads, three waters infrastructure, businesses and jobs, are recommended in the context of issues such as housing affordability, climate change, resilience and natural hazards.

51.2 Improved financial position against financial constraints.

The Framework has been a collaboration between central government, the councils of the region and iwi, and other regions that have completed their spatial plans have found funding and partnership benefits through the process.

The Framework seeks to understand how we can respond to key urban development challenges and opportunities in a way that gets the best outcomes and maximises the benefits across the region.

51.3 An effective response to climate change in Kāpiti.

Climate change has been a key factor in the development of the Framework. The Framework identifies the need to address the urban development challenges of climate change and transitioning to a zero-carbon economy at a regional scale, by planning and undertaking projects regionally to address the urban development impacts of climate change, particularly impacts on infrastructure and where people live and work and work to transition to a zero-carbon economy.

51.4 A more diverse range of businesses in the district.

A key general initiative in the Framework plans for keeping central Wellington the key employment centre whilst establishing more jobs closer to where people live and/or that are more accessible, led by a move of government jobs.

The Framework also seeks to support increasing local employment in major centres and nodes to help ensure they increasingly offer many more employment opportunities.

51.5 A community that is more resilient through Council’s advocacy.

The Council has been involved with the development of the Framework, to ensure that the needs, challenges and opportunities in Kāpiti have been considered.

Significance and Engagement

Significance policy

52 This matter has a moderate degree of significance under Council’s Significance and Engagement Policy.

Consultation already undertaken

53 No public consultation has been undertaken prior to this report being presented to Council.

Engagement planning

54 Public consultation on the Framework is expected to be undertaken in the first half of 2021 once all of the partners have endorsed the draft for consultation.

55 A plain English version of the draft Framework document will be developed with partners’ staff once there is more certainty about timing, content and the way to consult e.g. paper, interactive website, open days.

56 An example of the type of messaging and language that would be used for public consultation has been attached as Appendix Two.

Recommendations

57 That the Council notes the draft Wellington Regional Growth Framework has been developed in partnership with Central Government, Local Government and mana whenua in the Greater Wellington-Horowhenua region.

58 That the Council notes that a plain English version of the draft Framework document will be developed for public consultation, with an example attached as Appendix Two.

59 That the Council notes that public consultation on the draft Wellington Growth Framework is expected to be undertaken in the first half of 2021.

60 That the Council endorse the draft Wellington Regional Growth Framework, attached as Appendix One, for public consultation.

Appendices

1. Draft Wellington Regional Growth Framework Sept 2020 ⇩

2. Working together to plan for our future public doc Sept 2020 ⇩

Council Meeting Agenda

10 December 2020

MINUTES OF Kapiti Coast District Council
Council Meeting
HELD AT THE Council Chamber, Ground Floor, 175 Rimu Road, Paraparaumu
ON Thursday, 29 October 2020 AT 9.30am

PRESENT: Mayor K Gurunathan, Cr Angela Buswell, Cr James Cootes, Cr Jackie Elliott, Cr Gwynn Compton, Cr Martin Halliday, Cr Sophie Handford, Cr Robert McCann, Cr Bernie Randall

IN ATTENDANCE: Community Board Member Holly Ewens

Community Board Member Kathy Spiers

Community Board Member James Westbury

Community Board Member Christine Papps

Chair of Te Whakaminenga o Kāpiti Rupene Waaka (via Zoom)

Wayne Maxwell, Natasha Tod, Sean Mallon, Janice McDougall, Mark de Haast, James Jefferson, Tim Power, Leyanne Belcher, Angela Bell, Nienke Itjeshorst, Kahu Ropata, Melissa Smith, Grayson Rowse, Tanicka Mason

APOLOGIES: Cr Jocelyn Prvanov

LEAVE OF Deputy Mayor Janet Holborow

ABSENCE:

1 Welcome

2 Council Blessing

The Mayor welcomed everyone to the meeting and Cr Handford read the Council blessing in te reo.

3 Apologies

Resolution 2020/29

Moved: Cr Gwynn Compton

Seconder: Cr Sophie Handford

That apologies from Cr Jocelyn Prvanov be received and accepted.

Carried

4 Declarations of Interest Relating to Items on the Agenda

5 Public Speaking Time for Items Relating to the Agenda

Takiri Cotterill spoke to item 8.5 on the agenda. Gave thanks to the Council for the support given to the Puketapu Hapū for historical claims that are before the Crown and in particular the claim around the Paraparaumu Airport. Takiri hopes for the health and strength of the community to grow. Having a vision and heart to be proud of.

George Jenkins spoke to item 8.5. His wish is for the report to remain on the table for the time being. There will be a meeting between the owners of the Templeton Group and Puketapu Hapū to which Council will also be invited.

6 Members’ Business

(a) Public Speaking Time Responses

(b) Leave of Absence

7 Mayor's Report

Tabled documents

Resolution 2020/30

Moved: Cr Jackie Elliott

Seconder: Cr Angela Buswell

The the Mayor’s report be accepted.

Carried

Item 8.5 was moved to this point in the meeting.

8 Reports

8.5 Paraparaumu Airport Waitangi Tribunal Claims

Resolution 2020/31

Moved: Mayor K Gurunathan

Seconder: Cr Gwynn Compton

That the Paraparaumu Airport Waitangi Tribunal Claims report be left to lie on the table.

Carried

8.1 Submissions on the Draft Solid Waste Management and Minimisation Bylaw 2020

Nienke Itjeshorst, Sustainability and Resilience Manager gave a brief introduction to the report. There were no public requests to speak to the submissions received.

Nienke and Sean Mallon, Group Manager Infrastructure Services answered Councillors questions.

Resolution 2020/32

Moved: Cr Jackie Elliott

Seconder: Cr Robert McCann

That the Council notes:

That 27 submissions were received on the Draft Kāpiti Coast District Council Solid Waste Management and Minimisation Bylaw 20208; and

that a report proposing the adoption of the Draft Kāpiti Coast District Council Solid Waste Management and Minimisation Bylaw 2020 will be presented to Council on 26 November 2020.

Carried

8.2 Approach to 2021 Review of Representation Arrangements for the Kapiti Coast District

Janice McDougall, Group Manager People and Partnerships brought to members attention that paragraph 30 of the report contains an error. It states that “we have approached Iwi to begin a conversation around the representation review”, it should read that “Iwi are about to be approached for consultation”.

Apart from that error, Leyanne Belcher, Democracy Services Manager took the report as read and answered members questions.

Motion

Moved: Cr James Cootes

Seconder: Cr Angela Buswell

For: Crs K Gurunathan, Angela Buswell, James Cootes and Sophie Handford

Against: Crs Jackie Elliott, Gwynn Compton, Martin Halliday, Robert McCann and Bernie Randall

lost 4/5

That Council approve the convening of an independent Review Panel comprising an Independent Chair and up to 6 independent community representatives.

That Council approve the Independent Review Panel Draft Terms of Reference attached as Appendix 1 to this report.

That Council approve remuneration of $206 per person per day for community representatives and $294 per day for the Chair.

That Council delegate to the Mayor, Chief Executive and the panel Chair the responsibility for the appointment of the independent members for the panel.

Resolution 2020/33

Moved: Cr Gwynn Compton

Seconder: Cr Robert McCann

That Council approve a staff-led community engagement process to inform recommendations to Council for consideration.

For: Crs Jackie Elliott, Gwynn Compton, Martin Halliday, Robert McCann and Bernie Randall

Against: Crs K Gurunathan, Angela Buswell, James Cootes and Sophie Handford

carried 5/4

Carried

8.3 Recommendation on Consideration of the Establishment of a Māori Ward

Leyanne took the report as read and invited questions through the Chair.

Resolution 2020/34

Moved: Cr James Cootes

Seconder: Mayor K Gurunathan

That the Council resolves not to consider a Māori Ward for electoral purposes.

Carried

8.4 Draft Calendar of Meetings 2021

Leyanne took the report as read and directed any questions through His Worship the Mayor.

Resolution 2020/35

Moved: Cr Jackie Elliott

Seconder: Cr Gwynn Compton

That the Council approves the calendar of meetings 2021 as detailed in Appendix 1 of this Draft Calendar of Meetings 2021 report.

Carried

9 Confirmation of Minutes

9.1 Confirmation of minutes

Resolution 2020/36

Moved: Cr Jackie Elliott

Seconder: Cr Robert McCann

That the minutes of the Council meeting on 1 October 2020 be accepted as a true and accurate record of the meeting.

Carried

10 Public Speaking Time

· Covering other items if required

· Public Speaking Time responses

11 Confirmation of Public Excluded Minutes

Nil

12 Public Excluded Reports

Resolution to Exclude the Public

Public Excluded Resolution 2020/37

Moved: Mayor K Gurunathan

Seconder: Cr Jackie Elliott

That, pursuant to Section 48 of the Local Government Official Information and Meetings Act 1987, the public now be excluded from the meeting for the reasons given below, while the following matters are considered.

The general subject matter 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 are 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 for the passing of this resolution

12.1 - STRATEGIC PROPERTY PURCHASE - PRIORITISATION

Section 7(2)(h) - the withholding of the information is necessary to enable Council to carry out, without prejudice or disadvantage, commercial activities

Section 7(2)(i) - the withholding of the information is necessary to enable Council to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

Section 48(1)(a)(i) - the public conduct of 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 under section 6 or section 7

Carried

Resolution 2020/38

Moved: Mayor K Gurunathan

Seconder: Cr Jackie Elliott

That the Council moves out of a Public Excluded meeting.

Carried

The Council came out of public excluded session at 11.42am having resolved that the following resolution be released from publically excluded business.

Resolution 2020/37

Moved: Cr Gwynn Compton

Seconder: Cr Angela Buswell

That the Council:

Ex Landfill Land

Approves the acquisition of Section 6, 7, 8, 9, 11, 12, 16, 18, 20, 21 and 28 from NZTA for retaining water monitoring, wetlands for bioremediation of landfill leachate and for separation of private land from the landfill and wastewater treatment plant as detailed in Appendix 1 of Strategic Property Purchase – Prioritisation adopted on 29 October 2020 and that this resolution is released from Public Excluded Business.

Hadfield Road Notional Road

Approves the acquisition of approximately 0.8567ha of land at 52 Hadfield Road (Lot 3 DP 530246) for a future local road connection between Hadfield Road and Huia Street, Waikanae as detailed in Appendix 3 of Strategic Property Purchase – Prioritisation adopted on 29 October 2020 and that this resolution is released from Public Excluded Business.

Carried

The Council meeting went into public excluded session at 11.05am.

The Council came out of public excluded session at 11.42am.

The Council meeting closed at 11.42am.

...................................................

CHAIRPERSON

[1] Note that any new text is underlined, and any text that is being recommended for removal has been strikedthrough

[2] For the avoidance of doubt, where this Bylaw relies on a definition in legislation and that definition changes, the definition in this Bylaw changes accordingly.

[4] Refer to clause 8.3 (c) and (d) for requirements for placement of receptacles

[5] Sourced during the project. It is acknowledged that this will change over time.

[6] Arataki is Waka Kotahi NZTA’s 10-year view of what is needed to deliver on the government’s current priorities and long-term objectives for the land transport system.


AGENDA Council Meeting
I hereby give notice that a Meeting of the Kapiti Coast District Council will be held on:
Date:	Thursday, 10 December 2020
Time:	9.30am
Location:	Council Chamber Ground Floor, 175 Rimu Road Paraparaumu
Wayne Maxwell Chief Executive

Mayor K Gurunathan	Chair
Deputy Mayor Janet Holborow	Deputy
Cr Angela Buswell	Member
Cr James Cootes	Member
Cr Jackie Elliott	Member
Cr Gwynn Compton	Member
Cr Jocelyn Prvanov	Member
Cr Martin Halliday	Member
Cr Sophie Handford	Member
Cr Robert McCann	Member
Cr Bernie Randall	Member