Agenda of Council Meeting - Thursday, March 25, 2021

25 March 2021

8.1 Adoption of supporting information for the draft 2021-41 Long-term Plan

Author: Alison Law, Acting Corporate Planning and Reporting Manager

Authoriser: Mark de Haast, Group Manager Corporate Services

Purpose of Report

1 This report is intended to ensure legislatively required components of the Draft Long Term Plan (LTP) are adopted by the Council prior to approval of the Long Term Plan Consultation Document (CD).

2 This report recommends that the Council adopts:

2.1 Draft significance and engagement policy, draft rates remission policy, draft development contributions policy and draft revenue and financing policy to be consulted on alongside the draft Long Term Plan 2021-41; and

2.2 Supporting documentation for the draft Long Term Plan 2021-41.

Delegation

3 Only the Council may approve components of a LTP and LTP CD as stated under Section A2(2) Council Mayoral Powers of the Governance Structure and Delegations:

“… only Council may perform the following: To lead the development of the LTP and Annual Plan, together with policies and budgets.”

Background

4 The Local Government Act 2002 (LGA) as amended in 2014 requires councils to consult with their communities on their proposed LTP through the special consultative procedure (SCP). Requirements for the consultation are laid down in Sections 83 and 93 of the LGA.

5 Under section 93A of the LGA, before adopting a Consultation Document, the local authority must prepare and adopt information that;

(a) Is relied on by the content of the consultation document adopted under section 93A: and

(b) Is necessary to enable the Auditor-General to give the reports required by sections 93C(4) and 93D(4); and

6 Instead of consulting on a draft LTP, the LGA requires the production of a CD which cannot simply be a summary of the proposed LTP.

7 The significance and engagement policy, rates remission policy, development contributions policy and the revenue and financing policy all require a separate consultation and must be adopted prior to the adoption of the LTP (see paragraph 20-39 for details). For simplicity, this report recommends that these policies are adopted in draft and consulted on at the same time as the draft LTP. These policies are attached as appendices D to G.

8 Councils are required to decide what issues and initiatives are significant for the community and therefore should be included in the CD. Details of the initiatives and issues will be documented in the draft LTP however these details must be presented in the CD in a concise and simple way so people can inform themselves more fully before providing feedback on the draft LTP as part of the SCP.

9 Elected Members and representatives from Te Whakaminenga o Kāpiti (Ngāti Toa and Ngā Hapū o Ōtaki) and Āti Awa ki Whakarongotai, attended a series of briefings in November and December 2020 to discuss the Council’s strategic direction for the 2021-41 Long Term Plan.

10 A mix of public workshops and public excluded briefings were held in January, February and March 2021 to agree the Council’s direction on each of the activities, their related operational and capital budgets, their levels of service and related performance indicators and the timing and nature of major projects. The public workshops also addressed key strategies and policies underpinning the LTP. The workshops were open to the public and members of Grey Power, in particular, attended and provided input at various points.

11 It is recommended that Council adopts these components as they must be available to the public as background information during the upcoming consultation process. The draft LTP components are attached as appendices A-S to this report.

12 The consultation document itself will be presented to the Council for adoption through a separate report on 25 March 2021.

13 Minor editorial changes to the documents contained in appendices A-S to this report may be required following their adoption by the Council. Officers recommend that the Council delegate the Mayor, the Chair of the Strategy and Operations Committee and the Chief Executive authority to approve any such editorial changes.

Considerations

Components of the 2021-41 Long Term Plan for adoption

14 Under section 93A of the LGA, there are a number of draft documents which must be adopted by the Council prior to adopting the CD, along with several which provide more background information to the community about the key decisions outlined in the CD. The full list is as follows:

Strategic Direction

· Strategic Direction Plan on a Page (Appendix A)

Strategies, policies and assumptions

· Financial Strategy (Appendix B)

· Infrastructure Strategy (Appendix C)

· Significance and Engagement policy (Appendix D)

· Rates Remission policy (Appendix E)

· Development Contributions policy (Appendix F)

· Revenue and Financing policy (Appendix G)

· Significant Forecasting Assumptions (Appendix H)

Financial Information

· Significant Accounting policies (Appendix I)

· Prospective Financial Statements (Appendix J)

· Statement of Reserve Funds (Appendix K)

· Funding Impact Statements (Appendix L)

· Funding Impact Statements – Rating Policies (Appendix M)

· Disclosure statement against financial prudence regulations (Appendix N)

· Rating base information (Appendix O)

· Statement concerning balancing of budget (Appendix P)

· Detailed schedule of capital expenditure (Appendix Q)

· User fees and charges (Appendix R)

· Council Controlled Organisations Statement (Appendix S)

Strategic Direction

15 Through several public excluded briefings at the end of 2020, the Council and iwi representatives developed strategic outcomes that informed the revised plan on a page (Appendix A), along with identifying key challenges and opportunities that combined with what we heard through What Matters Most has led to the updated plan on a page.

16 In November and December 2020, the Council undertook a period of pre consultation with the community through the ‘What Matters Most’ campaign. The key challenges and opportunities identified through ‘What Matters Most’ are also reflected in the strategic outcomes the elected members developed at the end of 2020.

17 The plan on a page provides a concise one-page view of the proposed strategic direction outlining the Districts challenges and opportunities, our core services, our projects and priorities, our financial strategy and our community outcomes how the Council can contribute to these outcomes.

18 The vision from 2018’s LTP ‘thriving environment, vibrant economy, strong communities; Toitū te whenua, toitū te wai, toitū te tāngata’ will remain for this Long Term Plan. Elected members agreed that the vision still aligns with the newly developed strategic direction.

19 This report recommends that the Strategic Direction Plan on a Page (Appendix A) are adopted by the Council for the purpose of being publicly released as supporting documentation for the upcoming LTP consultation.

Strategies, policies and assumptions

20 As part of the 2021-41 LTP, both the Council’s financial and infrastructure strategies have been reviewed and updated to reflect the Council’s current position.

Financial Strategy

21 The financial strategy sets out the Council’s financial goals for the next 20 years with a focus on investing to stimulate our local economy due to the gains we have made in recent years. We propose to change the limits that are in our current financial strategy from the 2018-38 LTP. The new limits are:

· Annual rates increases are to be kept between 3% and 9% per year, with an average of 8.23% (after growth) for the first three years of the plan;

· Total borrowings are to be no more than 280% of operating income with a preferred limit of less than 250% of total operating income;

· Capital expenditure is to be no more than $80m per annum with a preferred limit of between $40-60m per annum.

22 This report recommends that the proposed financial strategy (Appendix B) is adopted by the Council for the purposes of consultation.

Infrastructure Strategy

23 The infrastructure strategy identifies the most crucial issues for our infrastructure areas (water, wastewater, stormwater, roading and coastal) in the next 30 years. This strategy is closely linked to the financial strategy to ensure that any planned capital expenditure within the infrastructure strategy can be funded while remaining within the agreed financial limits in the financial strategy.

24 This report recommends that the proposed infrastructure strategy (Appendix C) is adopted by the Council for the purposes of consultation.

Significance and Engagement Policy

25 As required under section 76AA of the LGA, the Council has a significance and engagement policy in place (Appendix D), which recognises that the participation of the community is inherently invaluable and that community engagement can support robust decision making.

26 A review of the significance and engagement policy was undertaken in 2021 with no significant changes to the policy recommended. Minor changes have been made to make the policy more accessible and to better reflect and clarify our engagement framework, which reflects the IAP2 model considered best practise here and overseas.

27 There is no requirement under legislation for the Council to consult following minor changes to the significance and engagement policy, however legislation does require the Long Term Plan to contain a summary of the policy and a reference to where the full policy can be found.

28 The CD will include a summary of the significance and engagement policy, details of where the full policy can be accessed and will ask for feedback in relation to our criteria for assessing significance.

29 This report recommends that the proposed significance and engagement policy is adopted by the Council for the purposes of consultation.

Rates Remission Policy

30 The rates remission policy (Appendix E) comprises of a number of individual components which allow for rates relief where it is considered fair and reasonable to do so. This policy was reviewed as part of the rating system review, with proposed changes including increasing the income threshold in the rates remission policy, introducing a new remission policy for excess volumetric water rates charges resulting from a private water leak and proposing an increase in the rates remission fund by $50,000 per year.

31 This report recommends that the proposed rates remission policy is adopted by the Council for the purposes of consultation.

Development Contributions Policy

32 The development contributions policy (Appendix F) is a funding policy for planned growth capital expenditure on community facilities within the district. The policy gives the Council a method for assessing and collecting development contributions, which are set through a prescribed LGA process, to fund infrastructure that is required as a result of growth.

33 A review of the Council’s development contributions policy has resulted in minor changes proposed to the policy, including:

· increasing the ‘household unit equivalent’ (HUE) calculation to 2.5 people per household (from 2.3) to reflect forecast average household occupancy for the district;

· increasing the size for non-residential units to 500m2 gross floor area (from 450m2);

· reducing the HUE slightly for retirement, visitor, supported living, and shared and group accommodation, to reflect the increase in household occupancy assumptions; and

· updating the Council’s development contribution charges and catchment maps to reflect capital expenditure forecasts and assumptions in the Council’s draft 2021-41 Long-term Plan.

34 This report recommends that the proposed development contributions policy is adopted by the Council for the purposes of consultation.

Revenue and Financing Policy

35 The revenue and financing policy (Appendix G) sets the principles for funding our operational and capital expenditure. The policy also sets the framework for deciding how the Council’s activities should be funded – public (rates) versus private (fees and other income) split.

36 A review of the Council’s revenue and financing policy has resulted in no fundamental changes in the proportion of revenue recovered from rates vs fees, however several changes to the funding splits in the policy have been proposed to better reflect changes to the Council’s activity structure.

37 It is proposed to increase the proportion of the Council’s economic development costs to be funded from the commercial targeted rate, which reflects the level of benefits received by the commercial sector from the activity. This means an additional $225,000 (incl. GST) of rates per annum will be funded from commercial ratepayers, rather than being subsidised by residential and rural ratepayers across the district.

38 Other minor changes to the policy include:

· The private and public funding targets being expressed in ranges of between 5% or 10% where appropriate, rather than specific percentage targets, in line with local government best practice guidelines; and

· Minor amendments to Policy wording to improve clarity and better meet legislative requirements.

39 This report recommends that the proposed revenue and financing policy is adopted by the Council for the purposes of consultation.

Financial Information

40 There are a number of financial components of the LTP 2021-41 included in appendices I to S.

41 The prospective financial statements (Appendix J) outline the Council’s forecast position for the next 20 years.

42 The funding impact statements – rating policies (Appendix M) incorporates the proposed changes to the funding mechanisms proposed as part of the rating system review. The proposed changes are also clearly stated in the CD.

43 A full set of capital expenditure schedules are included (Appendix Q). the schedules provide a level of detail about capital expenditure which is not given in the activity statements.

44 The proposed user fees and charges schedule is also included (Appendix R), this includes all fees which require setting up by the Council and include:

· User fees and charges that have increased or decreased by more than 2% (Local Government Cost Index (LGCI) for 2021/22); and

· New user fees and charges

45 This report recommends that the financial components, as detailed in appendices I to S to this report are adopted by the Council for the purposes of consultation.

Key Decisions – background information

46 In this long term plan we are asking for the community’s views on four decisions – two key projects and two significant proposals. The first two decisions involve capital spending and the costs and rates impacts are set out. The second two decisions involve only operational spending from existing budgets as they are decisions to explore activities. This section of the report considers the Key Decisions as they appear in the CD.

46.1 Key Projects

46.1.1 The Council’s role in Housing

In the past, the Council has not had a significant role in housing other than our current provision of older persons housing, and our regulatory roles with our district plan and issuing consents for buildings.

We have increased our focus and over the past year developed a housing work programme that includes a range of initiatives such as:

· assessing the residential land that we hold to see if there’s potential for redevelopment;

· engaging with our iwi partners and others to explore development on Māori-owned and other land;

· looking into opportunities with the public housing sector to get more social housing built;

· seeing if there’s suitable land that could be used for temporary relocatable housing.

While there are multiple factors affecting the supply of housing and it is an issue facing the entire country; if the Council took an even more active role, and increased spending, it could help address the pressures being experienced now in our district.

How could we approach it?

Increasing our role in social housing, we could:

· expand our role in older persons’ housing and look at providing wider social housing. We propose reviewing our older persons’ units to see if we could expand this for additional older persons’ housing or other social housing ($154,000 budgeted for this review)

· look at providing social housing through a partnership, for example with iwi or community housing providers (we have budgeted $631,000 to explore and investigate partnerships)

We would consult on any proposals arising from this work.

Increasing our role in influencing the supply of affordable housing, we could:

· do more to expand land supply and incentivise higher density development in suitable areas

· partner on housing developments

· acquire land for housing (we are proposing to increase our budget for strategic land purchases by $1 million per year for the first ten years of this plan)

· review our district plan to support a wider range of housing, including affordable housing

· review development contributions policy to incentivise more affordable housing

What are the options?

Yes – The Council should take a bigger role in housing

· increase our role in social housing (as described), and

· increase our role in influencing the supply of affordable housing (as described)

No – The Council should not take a bigger role in housing

Cost

We have budgeted $154,000 to review our older persons’ housing for further development opportunities and $631,000 to identify potential housing partnerships and investigate in detail how they could work. This plan also includes an increase to our budget for strategic land purchases of $1 million per year for the first ten years of this plan.

Rates impact

$154,000 and $631,000 are operating spending. For year 1 (2021-22) the rates impact is 0.51%

· $1 million land purchase is capital spending. This is funded from borrowings, small interest costs that will result in <0.1% of rates increase for year 1, and year 2 interest cost will result in 0.06% rates increase. There will be no rates impact on depreciation from year 2 as the $1 million is land purchase.

We recommend: Yes – Council should take a bigger role in housing

46.1.2 Renewal of Paekākāriki Seawall

Since consultation was undertaken with the community for the 2018-38 Long-term Plan about the Paekākāriki seawall, and a plan developed for replacing the wall, costs and conditions have changed.

There has been extensive community engagement and consultation since 2013 on replacement options. The Council had planned to replace the seawall and had been granted both resource and building consents for the project. However, since then construction costs have escalated.

The cost of the concrete and rock option currently planned has increased substantially and the Council considers it necessary to explore how the seawall can be renewed at a more reasonable cost to the district. Increased costs in other areas across the Council also mean we need to look closely at the relatively high cost of this project and the impact it would have on our debt.

What are the options?

Concrete and rock wall with a 50-year life

This is the existing planned option, which would be a full replacement of the seawall built with concrete and rear raised rock revetment and designed to have a 50-year life. Interlinking concrete and rock is complex construction and costs are now projected to be $27 million. This has increased from $17.7 million in 2018 when we first consulted on the seawall.

The increased cost is due to a number of factors. The scale of roading projects in the region has put pressure on supplies – rock is now a scarce resource – and placed significant pressure on market rates.

Finding a contractor available for a project this size may also be a challenge. The scale and complexity of the works make this option a greater construction risk, however, we do already have resource and building consents for this option.

Cost

$27 million funded from borrowings.

Rates impact

Year 1 - 0.07%

Timing

We would tender physical works and start construction in 2021/22, with work through to 2026/27.

Timber (like-for-like replacement) with a 25-year life

We would rebuild the seawall mainly with timber as it is currently, though with a higher specification, that is, longer, more deeply set posts and palings. The timber option has a shorter life – 25 years – but is more affordable. (It could also last longer than 25 years, as the current wall has.)

The Council is aware of how important it is to maintain and improve access to the beach, so this option could use timber for the bulk of the wall and concrete for steps and ramps. We would also ensure safe access along the Parade for walking and biking.

We would involve the community to ensure we got the best outcome we could for improving access to the beach for all users. We would also continue to work with the design group and look at how we could incorporate the art and cultural elements which area part of the current plan.

The work involved in this option is much simpler and lower risk providing more certainty of delivery. There are many contractors with the right expertise who could carry out the work including local contractors.

Cost

$17 million funded from borrowings.

Rates impact

Year 1 - 0.04%

Timing

We would propose to deliver this as a 5-year programme starting in 2021/22. To ensure completion a contract would be let for the entire project, to be delivered in stages. The advantages of this approach are that work could be done at the best time of the year and potentially use a local contractor.

We recommend: Like-for-like replacement with a 25 year life

46.2 Significant Proposals

46.2.1 Setting up of a Council Controlled Organisation (CCO)

We are proposing the establishment of a CCO in the form of a holding company. It would have an independent board of directors reporting to the Council and would be required to operate to the Council requirements and ensure the activity it managed was self-funding.

If, and when, we have specific activities that we consider could be managed by this company, we would undertake a specific consultation with the community on that proposal before any action was taken.

This decision now is about setting up a structure that we could use in the future subject to consultation.

What are the options?

Yes – we should set up a CCO

No – we should not set up a CCO

Cost

The costs involved in setting up the legal structure of a CCO are minor as it is only an administrative process. It would be funded from the Council's existing operational budget.

As noted, if a CCO was set up and an activity was put into it (following consultation) it would only be done so if it could be self-funding.

Timing

If the Council decides to establish a CCO, we would aim to start the process in 2021/22.

We recommend: Yes – We should set up a CCO

46.2.2 Exploration of a role in the Airport

Kapiti Coast Airport is an important asset in our community, and a thriving airport would contribute strongly to the social and economic wellbeing of our district. However, the future of the airport is uncertain.

The airport in Kāpiti is privately owned. Private ownership is unusual in New Zealand, particularly with small, regional airports such as ours. All similar airports have to supplement air traffic services with other income streams, much as Kapiti Coast Airport has done in the past by developing Kapiti Landing as a retail hub to subsidise the airport operations.

Ownership of Kapiti Coast Airport changed in late 2019, and after taking time to assess things, the new owners concluded that the airport operations are not sustainable for them. The vulnerability of the ongoing provision of air services has also been heightened in the immediate-term by the lower levels of travel due to the COVID-19 pandemic.

There is widespread community support for retaining air services in Kāpiti. Surveys completed in 2018 and 2020, and feedback received through What Matters Most, show strong support for the airport to remain an important asset in our district.

There is significant economic benefit in having the airport in our region. A study undertaken in 2018 conservatively estimated the benefits to the district to be $4.3 million per year, primarily due to travel time savings compared with flying from Wellington.

Our Council has been active in keeping air services and we remain committed to doing what we can to ensure the airport remains in operation.

If we do explore having a role in the airport, we will investigate various options and how these could work for Kāpiti. We would need to understand the costs, risks and opportunities for various scenarios.

What would exploring a role in the airport entail?

The sorts of options we could explore are:

· not take a role (status quo)

· operate the airport, for example under a lease

· own the airport (potentially in partnership), and

o operate it, or

o outsource the operations.

There may be other options that emerge if we do go ahead and explore options. Exploring how we could have a role would need to include discussions with the owners about the Kapiti Landing retail area.

In exploring options, we would look to set principles that would guide future decisions. These could include:

· operation should be self-funding, requiring little or no ratepayer funding

· operating risks should be clearly identified and of an acceptable type and scale

· iwi aspirations and historical rights are fulfilled to the extent possible

· options should focus on longer-term outcomes, particularly the growth prospects for both Kāpiti Coast and the region, and how the airport contributes

· the desirability of partnering such as with iwi, government, the private sector.

What are the options?

Yes – the Council should explore ways to have a role in the airport

No – the Council should not explore ways to have a role in the airport

Cost

Costs involved in exploring options would come from the Council's existing operational budget.

Future consultation on detailed proposal

If we identified an option that we believed could work, any future steps would be reliant on the agreement of the owners of the airport. We would consult with the community providing full information about any proposal including costs.

Timing

If we were to explore options, we would aim to start this in 2021/22 noting that it could be a lengthy process.

We recommend: Yes – Council should explore ways to have a role in the airport

Considerations

Financial considerations

47 The Council’s proposed financial strategy is focused on recovery from the impacts of COVID and investing for growth over the next five years through support and advocacy for increased housing and providing the necessary infrastructure to accommodate expected growth. We will take advantage of the prevailing financial conditions and increase borrowings to fund this activity, mirroring the government’s approach of providing a stimulus to the economy, creating jobs and opportunities for businesses.

48 From 2026, the Council expects to scale back its capex programme so that by the end of the LTP we expect to have gradually transitioned back to more of a ‘Green Line strategy’ (with net debt once again below 200% of operating revenues). The rate of transition will be linked to actual population growth and the increase in the ratepayer base. If growth is higher, the transition to the Green Line can be slower; if growth is lower than anticipated, we will need to slow down our programme more quickly.

49 The financial implications of the programme proposed in the draft LTP have been previously discussed in open workshops and briefings. The operational and capital budgets along with proposals as to sources of funding are fully documented and are shown alongside the activities they relate to.

50 The statement concerning balancing of budget details the Council’s decision to operate a funding deficit for the first three years of the 2021-41 Long term plan which equates to the level of unfunded depreciation.

51 The proposed average rates increase for 2021/2022 is 7.8% and the three-year average is forecast to be 8.2%.

52 At the end of the LTP period in 2041, net borrowings are forecast to be $430m which equates to 187% of total revenue while the forecast net borrowings at the beginning of the LTP of $174m equates to 192% of total revenue. Net borrowings at the beginning and at the end of the LTP are both within the “green-line” limit of 200% of revenue.

53 Capital expenditure is forecast to be $222m for the first three years of the plan, which equates to an average of $74m in each year.

54 Also included, are a full set of capex schedules as required by legislation. They give a level of detail about capital expenditure which is not given in the cost of activity statements.

55 The funding impact statement – rating policies, incorporates the proposed changes to the funding mechanisms proposed as part of the rating system review. The proposed changes are set out in the CD.

Policy considerations

56 The LGA requires councils to include certain policies in their LTPs. The CD may not include these policies but must describe them.

57 Implications for key policies have been canvassed in paragraphs 15-33 of this paper.

Legal considerations

58 The process for consulting on the CD and underpinning draft LTP meets the requirements of the LGA for a special consultative procedure. In addition, components of the draft LTP are being audited by Ernst and Young.

Tāngata whenua considerations

59 Te Whakaminenga o Kāpiti (Ngāti Toa and Ngā Hapū o Ōtaki) and Āti Awa ki Whakarongotai have contributed their vision for the general future of the Kāpiti Coast for the draft LTP 2021-41, and this has been included in the consultation document.

60 Te Whakaminenga o Kāpiti (Ngāti Toa and Ngā Hapū o Ōtaki) representatives have been at the Council table throughout the workshops and other discussions relating to the development of the draft LTP. In addition, each iwi submitted proposals/comments for inclusion in the work programme, which has informed the LTP and Consultation Document.

61 Te Whakaminenga o Kāpiti, Ngāti Toa, Ngā Hapū o Ōtaki and Āti Awa ki Whakarongotai will be invited collectively and individually to make a submission to Council on the proposed LTP as part of the upcoming formal consultation process.

Significance and Engagement

Significance policy

62 This matter has a high degree of significance under the Council’s Significance and Engagement Policy. Therefore, consultation on the proposed content of the draft LTP will be undertaken through ha formal special consultative procedure.

Consultation already undertaken

63 The Kapiti community were asked ‘What Matters Most’ in November and December 2020. This was a pre-engagement campaign to better understand the key issues and themes across our district. This campaign had 229 unique contributors and 486 contributions in total. The themes are consistent with the items being consulted on and the key issues in the CD.

64 Community Board submissions on the draft Long Term Plan were submitted in January 2021. These submissions were considered by the Council and some have been included in the draft LTP.

Engagement planning

65 The LGA requires the use of a special consultative procedure for councils’ long term plans. An extensive consultation programme using a variety of channels is planned for the draft LTP which gives effect to the requirements of the LGA. The Council has been briefed on the proposed consultation and engagement approach to be used during the upcoming consultation period.

66 The engagement plan is focused on activities associated with the consultation process.

Publicity

67 A communications and engagement plan has been developed and councillors have been briefed on the content, including how the Council intends to provide information across the district to ensure that as many of the community as possible are informed about the proposed content of the draft LTP as set out in the CD and supporting documentation.

Recommendations

68 It is recommended that the Council:

68.1 Notes that Local Government Act 2002 requires the production of a consultation document as the basis for the Council’s consultation on its Long Term Plan;

68.2 Notes that the Local Government Act 2002 section 93A states that before adopting a Consultation Document, the local authority must prepare and adopt information that;

· Is relied on by the content of the consultation document adopted under section 93A: and

· Is necessary to enable the Auditor-General to give the reports required by sections 93C(4) and 93D(4); and

· Provides the basis for the preparation or amendment of the long-term plan.

68.3 Adopts the significance and engagement policy, contained in Appendix D, for the purposes of consultation and notes that the significance and engagement policy will be consulted on at the same time as the draft LTP.

68.4 Adopts the rate remission policy, contained in Appendix E, for the purposes of consultation and notes that the rates remission policy will be consulted on at the same time as the draft LTP.

68.5 Adopts the development contributions policy, contained in Appendix F, for the purposes of consultation and notes that the development contributions policy will be consulted on at the same time as the draft LTP.

68.6 Adopts the revenue and financing policy, contained in Appendix G, for the purposes of consultation and notes that the revenue and financing policy will be consulted on at the same time as the draft LTP.

68.7 Adopts the components of the draft Long Term Plan 2021-41, contained in Appendices A-S to this report (with the exception of appendices D, E, F & G as adopted above) to be consulted on at the same time as the draft LTP.

68.8 Delegates to the Mayor, the Chair of the Strategy and Operations Committee and the Chief Executive the authority to approve minor editorial changes to the material contained in Appendices A-V prior to publication.

Appendices

1. Strategic Direction Plan on a Page (Appendix A) (under separate cover)

2. Financial Strategy (Appendix B) (under separate cover)

3. Infrastructure Strategy (Appendix C) (under separate cover)

4. Significance and Engagement policy (Appendix D) (under separate cover)

5. Rates Remission Policy (Appendix E) (under separate cover)

6. Development Contribution policy (Appendix F) (under separate cover)

7. Revenue and Financing policy (Appendix G) (under separate cover)

8. Significant Forecasting Assumptions (Appendix H) (under separate cover)

9. Significant Accounting policies (Appendix I) (under separate cover)

10. Prospective Financial Statements (Appendix J) (under separate cover)

11. Statement of Reserve Funds (Appendix K) (under separate cover)

12. Funding Impact Statements (Appendix L) (under separate cover)

13. Funding Impact Statements - Rating Policies (Appendix M) (under separate cover)

14. Disclosure statement against financial prudence regulations (Appendix N) (under separate cover)

15. Rating base information (Appendix O) (under separate cover)

16. Statement concerning balancing of budget (Appendix P) (under separate cover)

17. Detailed schedule of capital expenditure (Appendix Q) (under separate cover)

18. User fees and charges (Appendix R) (under separate cover)

19. Council Controlled Organisations Statement (Appendix S) (under separate cover)

Council Meeting Agenda

25 March 2021

8.2 Adoption of draft 2021-2041 Long-term Plan Consultation Document

Author: Alison Law, Acting Corporate Planning and Reporting Manager

Authoriser: Mark de Haast, Group Manager Corporate Services

Purpose of Report

1 This report seeks to have the Council adopt a Consultation Document (CD) for the purposes of consulting on the draft 2021-41 Long Term Plan.

Delegation

2 Only the Council may approve components of a Long-term Plan and the Long-term Plan consultation document as stated under Section A2(2) Council Mayoral Powers of the Governance Structure and Delegations:

“… only Council may perform the following: To lead the development of the LTP and Annual Plan, together with policies and budgets.”

Background

3 The Local Government Act 2002 (LGA) as amended in 2014 requires councils to consult with their communities on their proposed Long Term Plan (LTP) through the special consultative procedure (SCP). Requirements for the consultation are laid down in Sections 83 and 93 of the LGA.

4 The legislation expressly prohibits councils from consulting on a draft version of the LTP. Instead, councils must decide which issues and projects will be sufficiently significant to their community to warrant their inclusion in the consultation document (CD). For each of the issues included, the council must then describe the proposal, canvass options, indicate the council’s preferred option and provide an indication of impacts of the preferred option on rates and borrowings.

5 Elected Members and representatives from Te Whakaminenga o Kāpiti (Ngāti Toa and Ngā Hapū o Ōtaki) and Āti Awa ki Whakarongotai, attended a series of briefings in November and December 2020 to discuss the Council’s strategic direction for the 2021-41 LTP.

6 A series of workshops were held in January and February 2021 to agree the Council’s direction on each of the activities, their related operational and capital budgets, their levels of service and related performance indicators and the timing and nature of major projects. The workshops also addressed key strategies and policies underpinning the LTP. The workshops were open to the public and members of Grey Power, in particular, attended and provided input at various points.

7 These workshops along with what we heard from the community during the ‘What Matters Most’ campaign have driven the content of the attached consultation document, which is presented to the Council for adoption.

Considerations

8 As required by the Local Government Act 2002, the Council has produced a plain English consultation document setting out the key initiatives and major projects proposed in the draft LTP. The description and analysis of options meets the requirements of the legislation and have been through the Council’s auditors Ernst & Young (Audit) and the Officer of the Auditor General (OAG) for review.

9 Audit have now completed their audit of the Council’s draft LTP 2021-41 and have issued an unqualified or “clean” audit opinion. The CD has been accepted by the Office of the Auditor General.

10 Two ‘Emphasis of matter’ paragraphs will be referenced in Audit’s independent report, that is included in the CD. This is not a qualification of the audit opinion and is to point readers to disclosures included in the CD and refer to:

· Uncertainty over three waters reform. This is common across all councils and all CD opinions will have this.

· Uncertainty over the delivery of the capital works programme. This is a requirement for all Councils that are forecasting significant uplift in their capital programme.

11 Audit will be joining the Council meeting via Zoom to talk to their independent report and letter for the CD, which is attached as Appendix A to this report.

12 The draft LTP 2021-41 Consultation Document (attached as Appendix B to this report) has been structured in a way to help the community fully understand the challenges and opportunities Kāpiti is currently facing. The main sections of the CD are outlined in the following paragraphs of this report.

Investing for Resilience and Growth

13 This section sets out how we propose to manage the big issues facing our district. It includes an overview of our financial and infrastructure strategies. It explains our financial position, the gains we have made in recent years and the approach we propose to take in this LTP to meet the needs of our district for infrastructure and services in the coming years. It outlines how we intend to build on what we have achieved to date and secure a strong future for our whole community.

14 In recent years, our approach to our work programme and the management of our finances has been driven by needing to improve our financial position and prepare for the future. To do this, we managed our finances tightly, limited our capital spending, stabilised our borrowings and worked hard to keep rates increases manageable for our community. Our objective was to ensure that we were in a strong financial position to be able to borrow to invest in infrastructure when it was needed.

15 In the last three years we have spent, on average, $23.2 million per annum on capital works. For the first three years of this plan we propose a capital expenditure programme of $221.5 million – an average of $73.8 million in each year. This reflects the Council’s intention to make a strong contribution to stimulating the local economy now as it rebuilds from the impacts of the pandemic and to take advantage of the low cost of borrowing.

16 This programme will deliver renewals of aging infrastructure, plus preparation for growth and investment in the facilities that contribute to the liveability of our district.

Our Big Issues

17 The CD also provides background on the districts ‘Big Issues’ which outline the complex issues which have a big impact on Kāpiti. As well as being significant in their own right, together they form a key part of the context for our planning.

18 These issues are: COVID recovery; access to housing; responding to climate change; managing growth; strengthening our resilience and government changes impacting the Council.

19 These issues link strongly to the community outcomes set by Elected Members and are major contributors to wellbeing. They are priorities the Council has identified and which reflect community concerns and ideas raised through earlier consultation and ‘What Matters Most’. Key themes raised on these issues are highlighted below.

Major Projects and Initiatives

20 The CD includes how we plan to do more on projects we know are high priority for the community – like the Waikanae Library and our Stormwater programme.

21 In this section there’s an update on: Waikanae Library; Te Newhanga community centre; Town centres; Link road; Drinking water safety and resilience; Stormwater upgrades and renewals; Waste minimisation; Footpaths; Ōtaki community facilities; Indoor sports centre; Ngā Manu Nature Reserve; Playgrounds; Ōtaki Pool upgrade stage 2; Maclean Park; Kāpiti Gateway – Te Uruhi and Community Board proposals.

Key Decisions

22 In this CD we are asking the community for their views on four decisions; two key projects and two significant proposals.

23 The two key projects involve capital spending and the costs and rates impacts are set out. The two significant proposals involve only operational spending from existing budgets as they are proposals to explore options further.

23.1 Key projects

· Should Council take a bigger role in housing?

· Should we renew the Paekākāriki seawall a different way?

23.2 Significant proposals

· Should we set up a CCO (council-controlled organisation)?

· Should Council explore ways to have a role in the airport?

24 The four key decisions included in the CD are considered significant under the Council’s significance and engagement policy. The CD invites the community to provide their views.

Other Considerations

25 The CD also presents the key points of the financial strategy and the infrastructure strategy and refers readers to the full strategies on the Council’s website.

26 The Council is also consulting on its significance and engagement policy, rates remission policy, revenue and financing policy and the development contributions policy at the same time as the draft 2021-41 LTP.

27 The CD is being produced as a printed publication which will be made widely available within the community, particularly at the events planned to support consultation. The electronic format of the CD provided on the Council’s website will be interactive, enabling viewers to easily travel between the CD and detailed underpinning information. It will also be formatted to assist readers who have visual impairments.

28 The community will be invited to provide feedback through a range of channels. They can make a submission online, use the form in the back of the CD or use a separate hard copy form that will be available in libraries and service centres. They can also email their feedback and this will be treated as a submission. Members of the community making a submission will be invited to advise if they wish to also speak to their submissions during the hearings process.

29 Public Voice have been contracted to provide analysis and reporting of all LTP submission data including closed-ended and open-ended questions.

30 The community is also being offered opportunities to provide more informal feedback. Examples of this include the opportunity to speak with elected members at planned engagement dates across the District. Engagement HQ online platform will be used to store all online submissions and also offers elected members the platform to engage with the community.

31 The CD is a large document which reflects how much there is to inform our community about and ask for feedback. The document has been designed to make it as easy as possible to navigate to the different sections. A four page ‘Quick Guide to the LTP’, has also been designed to help the community understand in a snapshot what the LTP is all about and this will be sent out to all ratepayers.

Policy considerations

32 The policies specifically consulted on through the CD (alongside the LTP) are the:

· draft significance and engagement policy

· draft rates remission policy

· draft development contributions policy

· draft revenue and financing policy

Legal considerations

33 The production of the CD meets the legal requirements relating to LTP consultation in the LGA.

34 The Council’s auditors Ernst & Young have issued a verbal acceptance of the CD. Their written opinion will be inserted in the document prior to printing.

Financial considerations

35 The CD contains significant financial information concerning rates and borrowings movements, the infrastructure strategy, the financial strategy, changes to fees and charges and proposed changes to the rating system.

Tāngata whenua considerations

36 Te Whakaminenga o Kāpiti (Ngāti Toa and Ngā Hapū o Ōtaki) and Āti Awa ki Whakarongotai have contributed their vision for the general future of the Kāpiti Coast for the draft LTP 2021-41, and this has been included in the consultation document.

37 Te Whakaminenga o Kāpiti (Ngāti Toa and Ngā Hapū o Ōtaki) representatives have been at the Council table throughout the workshops and other discussions relating to the development of the draft LTP. In addition, each Iwi submitted proposals/comments for inclusion in the work programme, which has informed the LTP and Consultation Document.

38 Te Whakaminenga o Kāpiti, Ngāti Toa, Ngā Hapū o Ōtaki and Āti Awa ki Whakarongotai will be invited collectively and individually to make a submission to Council on the proposed LTP as part of the upcoming formal consultation process.

Strategic considerations

39 Five community outcomes have been drafted by our Councillors for this LTP to guide the Council’s response to the district’s challenges and opportunities. They are:

a) Mana Whenua and the Council have a mutually mana-enhancing partnership (this outcome is embedded in all the other outcomes);

b) our communities are resilient, safe, healthy and connected. Everyone has a sense of belonging and can access the resources and services they need;

c) our people have access to suitable quality housing in Kāpiti;

d) our natural environment is restored and enhanced as we transition to a low-carbon future; and

e) our local economy is prosperous with ample opportunities for people to work and learn in Kāpiti.

40 The Council’s focus on wellbeing has been reinforced with the Government’s reintroduction of the four wellbeings into the LGA 2002.

41 This means that contributing to the social, cultural, environmental and economic wellbeing of our community is highlighted as a core purpose of the Council.

Significance and Engagement

Significance policy

42 This matter has a high degree of significance under the Council’s Significance and Engagement Policy.

Consultation already undertaken

43 Community Board submissions on the draft LTP were submitted in January 2021. These submissions were considered by the Council and some have been included in the draft LTP, they are;

· Community board funding – to help with local initiatives and engagement and communication with their communities

· Paekakariki Surf Club replacement building – seed funding for the Club’s project to develop a new clubhouse

· Waikanae Park – funding to redevelop the park as a destination park

· Ōtaki Beach pavilion toilets – a full upgrade of these facilities and development of the beach park

· Haruatai Park – signage to promote all that the park offers

· Maclean Park – continuing to improve Maclean Park as destination for all, an intergenerational park that is a point of pride for our district.

44 The Kāpiti community were asked ‘What Matters Most’ in November and December 2020. This was a pre-engagement campaign to better understand the key issues and themes across our district.

Engagement planning

45 The engagement plan is focused on activities associated with the consultation process. Included within this plan are;

· 4-page quick guide to LTP

· Letter from the Mayor regarding outcome of the rates review and changes to rates

· CD available online with all supporting information

· Targeted emails to Council databases

· Pop-ups at community locations

· Community billboards

· Print, radio and digital advertising

· Videos

· Engagement HQ

· Digital channels / social media

· Quick pulse surveys to check awareness of the LTP consultation

· Media releases

46 The LGA requires the use of a special consultative procedure for councils’ long term plans. An extensive consultation programme using a variety of channels is planned for the draft LTP which gives effect to the requirements of the LGA. Council has been briefed in detail on the proposed consultation and engagement approach to be used during the upcoming consultation period.

Publicity

47 A communications and engagement plan has been developed and councillors have been briefed on the content, including how the Council intends to provide information across the district to ensure that as many of the community as possible are informed about the proposed content of the draft LTP as set out in the CD and supporting documentation.

Recommendations

48 It is recommended that the Council:

49 Notes the independent auditors report and opinion letter attached to this report as Appendix A.

50 Adopts the consultation document (Appendix B) attached to this report as the basis for its consultation with the community on the draft 2021-41 Long Term Plan.

51 Delegates to the Mayor, Deputy Mayor, the Chair of the Strategy and Operations Committee and the Chief Executive the authority to approve minor editorial changes to the material contained in the CD prior to publication.

Appendices

1. Independent Auditors Report and Opinion Letter (Appendix A) ⇩

2. Draft LTP Consultation Document (Appendix B) (under separate cover)

Council Meeting Agenda

25 March 2021

8.3 Adoption of the Kapiti Coast District Council Beach Bylaw 2021

Author: Leeza Boyd, Senior Policy Advisor

Authoriser: Hamish McGillivray, Acting Group Manager Strategy, Growth and Recovery

Purpose of Report

1 This report seeks the Council’s approval to:

a) repeal the Kapiti Coast District Council Beach Bylaw 2009;

b) adopt the Kapiti Coast District Council Beach Bylaw 2021 (refer Appendix One).

Delegation

2 Under Section A2 of the Governance Structure and Delegations for the 2019-2022 Triennium, the Council has the sole responsibility for adopting or amending a bylaw.

Background

3 Under the Local Government Act 2002 (LGA 2002), the Council may make bylaws to:

· protect the public from nuisance

· protect, promote, and maintain public health and safety

· minimise the potential for offensive behaviour in public places

· manage or protect against damage or misuse of our land.^{^[1]}

4 Under the terms of the LGA 2002, any bylaws established by a territorial authority must be reviewed every 10 years and that review completed within 2 years of the 10-year adoption anniversary or the bylaw is automatically revoked.

5 The Kapiti Coast District Council Beach Bylaw 2009 was last reviewed and adopted on 7 May 2009. An amendment was approved by the Council on 28 September 2017 pursuant to the Fire and Emergency New Zealand Act 2017.

6 The Council must review the 2009 Bylaw and adopt a new one by 7 May 2021 under the LGA 2002 provisions, or it will be automatically revoked. This date is extended to 30 June 2021, by the COVID-19 Response (Further Management Measures) Legislation Act 2020.

7 Under the LGA 2002 review requirements, the Council must consider whether a bylaw continues to be the most appropriate way of addressing a perceived problem; whether the proposed form of the bylaw continues to be the most appropriate; and whether the proposed bylaw gives rise to any implications under the New Zealand Bill of Rights Act 1990. The Council is also required to formally consult the community via a special consultative procedure.

Review of the Beach Bylaw 2009

8 This section provides information on the:

a) purpose of the Beach Bylaw 2009;

b) review process;

c) early engagement;

d) formal consultation;

e) proposed amendments as a result of submitter feedback; and

f) statutory review requirements.

Purpose of the Beach Bylaw 2009

9 The purpose of the Beach Bylaw is to manage human activities on the beach and protect the public from nuisance, health and safety risks, and offensive behaviour. With increasing popularity and use of our beaches, the Beach Bylaw plays an important role in helping to manage activities on our beaches.

The review process

10 Work on the review commenced in February 2019 and spanned three phases.

a) Phase 1 comprised data collection, early public engagement, and analysis; identification of issues and options; development of proposed revisions to the bylaw.

b) Phase 2 involved development of, and consultation on, a draft Bylaw, in accordance with the LGA 2002 special consultative procedure.

c) Phase 3 consisted of the analysis of submissions, consideration of amendments to the draft bylaw, and presentation of the revised bylaw for adoption by the Council (in this paper).

Early engagement

11 Extensive pre-engagement was undertaken in Phase 1 of the review. Council officers gathered and analysed information and talked with numerous stakeholders to assess whether the Beach Bylaw 2009 appropriately addressed issues related to our beaches. Specifically, officers:

· consulted with our iwi partners about their aspirations for the beach^{^[2]};

· analysed all beach-related service requests, emails, and other correspondence received by the Council from January 2017 to December 2018;

· consulted with community stakeholders, including local boating clubs, local surf lifesaving clubs, and other community groups;

· ran a public survey from 30 January 2020 to 30 April 2020^{^[3]}, receiving 1,724 responses^{^[4]};

· consulted with government stakeholders, including Greater Wellington Regional Council, Department of Conservation, and the New Zealand Police; and

· assessed the Beach Bylaw 2009 rules against other legislation to check for any ambiguities or inconsistencies that required amendment.

12 This work found that many of the current rules remain appropriate and fit for purpose, but some amendments are required to improve safety and beach users’ understanding of the rules, and to strengthen enforcement.

13 A number of proposals were identified to address or mitigate the issues and challenges, where this was feasible. Some proposals are for changes to the bylaw itself, others are operational changes to support the intent of the bylaw.

Formal consultation

14 In Phase 2 of the review, the Strategy and Policy Committee approved the release of the Statement of Proposal for the draft Beach Bylaw 2021 (which also included some proposals for operational solutions to bylaw issues) for public consultation on 24 September 2020.

15 The consultation period ran for five weeks, between 12 October 2020 and 13 November 2020. A total of 458 submissions were received. Hearings were held on Monday 23 November and Thursday 26 November, with 37 submitters speaking to their submissions.

16 The submission form for the Statement of Proposal asked submitters 16 ‘Yes/No’ questions to gauge levels of support for proposed bylaw or operational changes (providing additional comment was optional). It also included an open-ended question that provided an opportunity to give feedback on any other matters, including two specific minor proposals. For a summary of submissions refer to Appendix Two (content in the first column).

17 There were many mixed and diverse views on desirable activities and behaviours, due to the varying situational contexts of submitters.^{^[5]} Some submitters wanted evidence and data on beach activities that, unfortunately, doesn’t actually exist. Others provided anecdotes as evidence. As with the pre-engagement, use of motor vehicles on beaches was a key theme, with views ranging from a complete ban to complete freedom.

18 Naturally, there are concerns about our current and proposed beach restrictions. The beach is reaching a capacity threshold for the number of activities, vehicles and equipment that can operate safely and co-exist within a shared environment. In many cases there are no perfect right or wrong solutions. Instead, the amendments seek to find a reasonable balance between managing issues or concerns and not overly restricting people’s activities.

Amendments proposed as a result of the formal consultation

19 In Phase 3 of the Review, the Council sought to consider and incorporate submitter feedback into the final draft 2021 Bylaw.^{^[6]}

20 Amendments to the bylaw proposals that were included in the Statement of Proposal are discussed below. For a post-consultation summary of all proposals, including the proposed operational changes, refer to Appendix Two (content in second column).

21 As a result of consultation feedback, Officers recommend amending three of the Bylaw proposals. These are the proposals to:

· create a rule that beach users give way to vehicles within boat launch and retrieve sites;

· remove vehicle access at the beach entry point at The Avenue in Ōtaki; and

· create summer restrictions for longline fishing.

22 Officers recommend the proposal for a bylaw rule requiring other beach users give way to motor vehicles in boat launch sites be withdrawn. The rationale for this is that the safety onus should remain with the driver of the vehicle, even in beach areas designated for vehicle use. The existing rule (vehicles give way to other users at all times, rule 8.2) should continue to apply in all areas.

23 Officers also recommend that the proposal to remove vehicle access at the beach accessway at the end of The Avenue in Ōtaki be withdrawn with the accessway established as a formal motor vehicle accessway instead. The majority of submitters want vehicle access retained.

24 Finally, Officers recommend some adjustments to the locations in the proposal to create longline fishing restrictions in summer. The recommended adjustments focus on a key high-use swimming area in each suburb and cover 10,250m of our 42,000m coastline (1,370m longer that the original proposal). The recommended summer location restrictions are:

· Ōtaki - between 8 Marine Parade and 100 Marine Parade (680m shorter)

· Te Horo - between Te Horo Beach Road and south end of Rodney Ave (100m shorter)

· Peka Peka - between Peka Peka Road and Marram Way (440m longer)

· Waikanae - between the Waikanae Boating Club and Olliver Grove (1,420m longer, and now covering the Permitted Blokart Zone)

· Paraparaumu/Raumati - between Kapiti Boating Club and Jeep Road (1,940m longer, covering the whole beach stretch between Paraparaumu and Raumati)

· Raumati South - between Poplar Road and Jeep Road (850m shorter)

· Paekākāriki – within 400m of the Surf Club (800m shorter, with the removal of the second restriction from Beach Road to 90 Ames Street).

25 Finally, as a result of the submission from GWRC, an additional and final amendment has been included to reflect three sites in the northern beaches where Natural Resources Plan rules restrict driving. These sites will be included as an informational ‘notation’ only to make beach users aware, as the Council is not responsible for monitoring or enforcing these rules.

26 No amendments are recommended for the remaining Bylaw proposals that were consulted on, which were to:

· lower the fine imposed for driving offences to $150;

· clearly specify our existing parking restrictions to allow issuing of infringement notices;

· remove the ‘beachside reserve track’ in Te Horo from ‘allowable driving areas’;

· require longline fishers to monitor their lines and ‘flag’ them visibly;

· require longline fishers to take reasonable steps to ensure activity is not a hazard;

· reduce the period of the summer horse riding restrictions to between 10am and 5pm from 15 December to 15 February;

· include ‘designated disability parking areas’ in the list of defined areas; and

· include ‘iwi practices’ in the list of defined areas.

27 The remaining proposed amendment to the Bylaw is the proposal to close the boat launch and retrieve site on Manly Street in Paraparaumu Beach North.

· Cars are prohibited on Paraparaumu and Waikanae beaches (except for boat launching and Mobility Permit parking) for safety, but the rules are not being followed.

· The Statement of Proposal recommended that the Manly Street site be closed and access to the boat launch sites in Paraparaumu and Waikanae restricted (except for boat launching and Mobility Permit parking).

Although the majority of submitters wanted the Manly Street site to remain open, closure is still recommended. The original rationale stands (the ‘no driving’ rule is breached consistently and there are real safety risks) and the maintenance costs are high in comparison to the site’s capacity. However, if the site was to remain open, the location would need to be added to the list of Authorised Boat Launch and Retrieve sites in the new Bylaw and restrict access to authorised users only.

28 The draft Beach Bylaw 2021 includes other minor amendments, which do not change the intent of the rules in the bylaw or the proposals consulted on during the special consultative procedure (e.g., clarifying that non-motorised watercraft, like kayaks, can also use boat launch and retrieve sites). There will also be a range of updates to operational guidance (e.g. ensuring that people launching watercraft directly from their vehicle, without the use of a boat launch trailer, are identified as authorised users in boat launch and retrieve sites).

29 A copy of the Kapiti Coast District Council Beach Bylaw 2021 is attached, as Appendix One (with the changes consulted on marked in yellow and recommended amendments marked in green). For a phase-by-phase summary of the changes to the 2009 Beach Bylaw, from consultation version to the revised version presented for adoption, refer to Appendix Three.

Considerations

Policy considerations

30 The rules in the draft Beach Bylaw 2021 reflect an appropriate balance between the community’s wishes and what works in terms of beach safety and practical enforcement and management. There are no additional policy considerations with respect to the bylaw.

Legal considerations

31 The Council is required by section 155 of the LGA 2002 to make determinations to ensure:

a) the bylaw continues to be necessary;

b) the bylaw continues to be the most appropriate form; and

c) any implications under the New Zealand Bill of Rights Act 1990 have been considered.

32 The bylaw continues to be necessary, and it is the most appropriate form of managing issues of public nuisance, health, safety, and offensive behaviour on our beaches. The draft Beach Bylaw 2021 contains no provisions that conflict with the New Zealand Bill of Rights Act 1990.

33 There are no legal considerations in addition to those already discussed in this report.

Financial considerations

34 The review was funded from existing budgets. The communication and implementation work for any bylaw amendments and operational solutions is also covered within existing budgets, with the exception of proposal to restrict vehicle access at the boat launch sites in Paraparaumu and Waikanae (for which funding is being sought through the Long Term Plan process, including provision for Manly Street if it is decided to keep the site open).

Tāngata whenua considerations

35 During the special consultative procedure submissions were received from Ātiawa Ki Whakarongotai Charitable Trust and Kaunihera Kaumatua Trust ki Kapiti. Feedback mirrored the earlier guidance provided by Ātiawa Ki Whakarongotai (with the support of ART) on iwi aspirations for the beach, and which had been taken into consideration.

Strategic considerations

36 Toitū Kāpiti includes aspirations for strong, safe communities and a thriving environment. The Beach Bylaw assists in achieving these aspirations because it seeks to enhance the safety of the public while also protecting the natural beach environment, by managing the human activities on beaches in the Kāpiti Coast District.

Significance and Engagement

Significance policy

37 In accordance with the LGA 2002, a special consultative procedure was required, and undertaken, for the bylaw review.

Consultation already undertaken

38 Prior to the formal consultation, the Council:

· sought input from our iwi partners on their aspirations for the beach;

· consulted with community stakeholders, including local boat clubs, local surf lifesaving clubs, and other community groups (e.g. disability advisory and equine interest groups);

· consulted with government stakeholders, including Greater Wellington Regional Council, Department of Conservation, and the New Zealand Police; and

· conducted a stakeholder survey to test community opinion on some key topics, receiving nearly 1,800 responses between 30 January and 30 April.

39 For the formal consultation, a communications plan was developed to encourage community participation in the formal consultation. The submission period ran for five weeks, from 12 October 2020 to 13 November 2020. Hearings were held on Monday 23 November and Thursday 26 November, with 37 submitters to speaking to their submissions.

Publicity

40 The finalised Beach Bylaw 2021 will be of considerable interest to the community. Subject to Council adopting the Kapiti Coast District Council Beach Bylaw 2021:

· the new 2021 Bylaw will be uploaded to the Council website and the website page on beach activities will be refreshed;

· the Council will give public notice of when the new Bylaw will come into operation, as required by the LGA 2002;

· the Council will engage with the wider community via social media and newspaper; and

· the Council will review and upgrade signage across the District.

41 Any work to progress the operational proposal to physically restrict vehicle access to Paraparaumu and Waikanae beaches (if funded through the Long-Term Plan) will undertake targeted consultation on the potential solutions (e.g. options for barrier arms or cameras).

Other Considerations

42 The Bylaw will come into effect on 1 June 2021, allowing two months to prepare for implementation. An implementation plan has been developed to ensure that all necessary changes are actioned (e.g. updating of website information and maps, development and installation of new signage). This currently excludes any work to progress operational proposals to restrict unauthorised vehicle access to Paraparaumu and Waikanae beaches (for which a funding bid has been placed in the current Long-Term Plan process).

Recommendations

43 That the Council:

a) repeal the Kapiti Coast District Council Beach Bylaw 2009;

b) adopt the Kapiti Coast District Council Beach Bylaw 2021 (Appendix One), subject to any further minor amendments or corrections needed which do not alter the intent of the Bylaw provisions

c) note that plans are in place for the communications and implementation work for the Bylaw to come into effect on 1 June 2021.

Appendices

1. Kapiti Coast District Council Beach Bylaw 2021 ⇩

2. Summary of submissions and post-consultation analysis ⇩

3. Beach Bylaw 2021 - Record of Proposed Changes ⇩

Council Meeting Agenda

25 March 2021

Record of proposed changes: Kapiti Coast District Council Beach Bylaw 2021

· Approved (a)

· Authorised Boat Launch and Retrieve Area (a)

· Authorised Disability Parking Area (a)

· Authorised Officer (n)

· Authorised Parking Area (n)

· Authorised Vehicle Accessway (n)

· Beach (a)

· Coastal Marine Area (n)

· Council (a)

· Designated Boat Launch and Retrieve Area (a)

· Designated Disability Parking (n)

· Designated Surf Lifesaving Area (n)

· Drones (n)

· Enforcement Officer (a)

· Foxton Ecological District (a)

· Hang glider (n)

Draft 2021 bylaw provisions						Key differences between the draft 2021 Bylaw and the existing 2009 Bylaw at 17 September 2020. This is the version submitted to Strategy and Operations Committee for approval to consult.		Changes made after Strategy and Operations Committee report of 24 September 2020. This is the version that went out for public consultation.	Changes made based on feedback from (i) submitters, (ii) Council at a briefing on 2 March 2021. This is the version put to Council for adoption.
Item	Topic			Sub-topic
1	Title, Commencement, and Application					Carried over from 2009 Bylaw, and amended to: (i) clarify the beach areas under the jurisdiction of Greater Wellington Regional Council (GWRC) or Department of Conservation (DOC) but where our beach bylaw rules apply, (ii) include section 22AB of the Land Transport Act 1998, and (iii) note the exclusion of rules for dogs on beaches.		Corrected text error, changing ‘excluding” to “including”.
2	Kapiti Coast District Council Beach Bylaw 2021 Validation					Carried over from 2009 Bylaw with minor amendments for validation.			Dates on which the bylaw will be: · adopted (25 March 2021), and · come into force (1 June 2021).
3	Objective					Carried over from 2009 Bylaw and amended to: (i) reflect the recent Toitū Kāpiti: Kāpiti Coast District Council Long Term Plan, and (ii) update the references to other legislation that also set rules on the beach (i.e. by including Litter Act 1979, Marine and Coastal Area Act 2011, GWRC’s Proposed Natural Resources Plan and Navigation and Safety Bylaw, DOC’s Waikanae Scientific Reserve Bylaw).
4	Interpretation					The following terms are newly defined (n) or amended (a) to: (i) make the overall intent and scope of the bylaw clearer and/or (ii) to align with definitions in other legislation.
						· Animals (a)	· Kite surfer (n) · Licence (n) · Litter (n) · Longline fishing off the beach (n) · Mobility device, including mobility scooters (n) · Moped (n) · Motorcycle (a) · Motor vehicle (a) · Offence (n) · Para glider (n) · Prohibited Driving Area (n) · Protected Customary Right (n) · Restricted Driving Area (n) · Sailboard (n) · Sign (n) · Surfcasting (n) · Vehicle (a)	Removed “Restricted Driving Area (n)” (redundant as replaced by “Prohibited Driving Area (n)”).	Reworded “Authorised Boat Launch and Retrieve Area (a)” to be clear these sites are available for all watercraft.
5	Appropriate Behaviour					In the 2009 Bylaw, this section included two clauses about fishing. This section has been carried over, but the two clauses about fishing have been moved to a new section called ‘Beach Activities’.
6	Beach Activities		(a) Fishing			This is a new section that includes two existing clauses about responsible fishing, alongside three new clauses prohibiting longline fishing at certain times and locations and setting flagging and monitoring responsibilities. The two existing clauses have been carried over from the Appropriate Behaviour section, and amended to include longline fishing systems.			Amended the locations where summer longline restrictions will apply.
			(b) Kite surfing			This is a new clause stating that all kite surfers must take reasonable steps to ensure their lines or equipment do not present a safety hazard to other users.
7	Authorised Boat Launching and Retrieval Sites					This is a new section that has been added to the Bylaw in order to officially designate the boat launch and retrieve sites. Inclusion of clause specifying signposted geographical boundaries for Kapiti Boating Club and Waikanae Boating Club.			Amended the clause on signposted geographical boundaries to remove reference to Kapiti Boating Club and Waikanae Boating Club and allow that that they all may be signposted.
8	Boat Launching					This section was included in the 2009 Bylaw, but it was called Motorised Watercraft. It was brought forward to sit closer to the sections on Beach Activities and Designated Boat Launching and Retrieval Sites. It has also been amended to more clearly define where boat launching is allowed.			Reworded to clarity that motorised boats and watercraft must launch from an Authorised Boat Launch and Retrieve Area, but non-motorised boats and watercraft can launch from an Authorised Boat Launch and Retrieve Area or any Permitted Driving Area.
9	Litter and Green Waste					Carried over from 2009 Bylaw with minor amendments to include both litter and green waste. Included a footnote on the potential for infringement offences under Litter Act 1979.
10	Life Saving					This section was included in the 2009 Bylaw, but it has been brought forward to sit closer to the section on Beach Activities. This section has been amended to clarify rules around flagged swimming sites in surf lifesaving areas and to improve alignment with the GWRC’s Navigation and Safety Bylaw.
11	Harvesting					This section was included in the 2009 Bylaw, but it has been brought forward to sit closer to the section on Beach Activities. In one clause, the source for written permission to undertake an activity has been downgraded from Chief Executive to an Authorised Officer.
12	Aircraft and Hovercraft					Carried over from 2009 Bylaw with: (i) minor amendments to improve readability, and (ii) a new clause about drones (and compliance with legislation).
13	Hang glider / Para glider					Carried over from 2009 Bylaw with minor amendments to improve readability.
14	Land Yacht					Land yachts were included in the 2009 Bylaw, under two sections on vehicles. The relevant clauses have been pulled into a specific section on Land Yachts and brought forward to sit closer to Beach Activities section.
15	Vehicles	(a) Authorised Vehicle Accessways				This is a new section that has been added to the Bylaw in order to officially designate the authorised vehicle accessways.			Added site at ‘Cnr Marine Parade and The Avenue, Otaki’ (and removed site at ‘north bank of Otaki River’).
		(b) Prohibited Driving Areas				This section was included in the 2009 Bylaw, but it was called Beach Restrictions. It has been brought forward to sit in front of the section on Conditions for Driving and amended to improve readability. Exceptions for driving in prohibited areas have been extended to include Council officers undertaking monitoring or compliance.
		(c) Permitted Driving Areas				Moved the exceptions to prohibited driving areas to a new section called Permitted Driving Areas. Removed the ‘formed shingle track through the reserve area adjacent to the foreshore between the northern bank of the Mangaone Stream, Te Horo Beach’ from the list of exceptions to prohibited driving areas (and maps amended to this).			Added informational notation about three sites where the rules in GWRC’s Natural Resources Plan restrict driving.
		(d) Conditions for Driving				Carried over from the 2009 Bylaw with minor amendments.
16	Parking	(a) Prohibited Parking Areas				New section that has been added to the Bylaw to clarify the parking rules for vehicles (and trailers used for boat launch or retrieve). It defines parking on the beach as being prohibited on the while beach, with the exception of the areas specified.			Added a clause allowing parking for emergency, enforcement, approved restoration or maintenance work (and removed shortened version of this clause) to provide more coverage.
		(b) Authorised Disability Parking Areas				This is a new section created for clarity, which specifies authorised disability parking areas, from the Beach Access Map, for those with Mobility Parking Permits.			Added informational notation about where people can inquire about Mobility Parking Permits.
		(c) Conditions for Parking				This is a new section created for clarity, which relocates existing clauses from 2009 Bylaw.
17	Horses and Stock					Carried over from 2009 Bylaw with the following amendments to the new hours and dates for the summer restrictions, which are between 10am and 5pm from 15 December to 15 February.
18	Hiring of Craft / Trading on the Beach					In the 2009 Bylaw, Hiring of Craft and Trading on the Beach are in two separate sections. The draft Bylaw merges these into one section. It increases the approval level for trading on the beach from permission to permit. It also includes a notation for readers to reference Council’s Public Places Bylaw and Trading in Public Places Policy.
19	Special Events – Non commercial					Carried over from 2009 Bylaw, but with the term ‘Non commercial’ added.
20	Beach Preservation					Carried over from the 2009 Bylaw with no amendments.
21	Coastal Protection Works					Carried over from the 2009 Bylaw with no amendments.
22	Defined Areas					Carried over from the 2009 Bylaw with two proposed amendments to include ‘designated disability parking areas’ and ‘iwi practice areas’.
23	Permits Issues Pursuant to the Bylaw					Carried over from the 2009 Bylaw with no amendments.
24	Offences and Penalties				(a) Offences	Carried over from 2009 Bylaw with the following amendments: · Clarification of what is an offence under this Bylaw.		Restructured the Offences and Penalties section, into two separate sections for clarity. Removed clause stating that Council Enforcement Officers or Police can request date of birth.	Added the word “the” in clause 24.4.
					(b) Penalties	Carried over from 2009 Bylaw with the following amendments: · Sets the infringement fee for breach of vehicle restriction clauses (driving breaches) at $150. · Sets the infringement fee for breach of vehicle restriction clauses (parking breaches) at $150. Note: the 2009 Bylaw section on the General Bylaw has been deleted because the necessary clauses and definitions from the General Bylaw have been included in this draft 2020 Bylaw.			Added references to relevant driving and parking clauses.
	Maps					Maps have been updated with any changes noted above, and reformatted.

Council Meeting Agenda

25 March 2021

8.4 Fines for illegal dumping and littering under the Litter Act

Author: Nienke Itjeshorst, Sustainability & Resilience Manager

Authoriser: Sean Mallon, Group Manager Infrastructure Services

Purpose of Report

1 This report seeks Council approval for adoption of section 13 (3) of the Litter Act 1979 by adopting proposed ‘Infringement notices for disposal of waste in Kāpiti Coast District’.

Delegation

2 Section 13 of the Litter Act 1979 permits territorial authorities to adopt infringement notice provisions by resolution.

3 Under Council’s current governance structure there is no delegation of this authority to a subcommittee and therefore council has the delegation to make this decision.

Background

4 In the year 2019/20 Council received 260 service requests for illegally dumped waste and 50 litter complaints.

5 Illegally dumped waste (and subsequent litter) is a problem as it creates:

· hazards and risks – dumped waste can be dangerous to people particularly when it includes hazardous waste like asbestos

· rising costs – to Council and to the rate payer ultimately as removing and disposing of illegally dumped waste costs a lot of time and money

· environmental damage – dumped materials can harm the local environment by killing birds and fish, damaging plants, soil, and waterways

· decreasing property and community value – areas used for illegal dumping are ugly and we want the community to be proud of a clean Kāpiti and we want our visitors to enjoy it

6 Council incurs significant costs for the removal of illegally dumped rubbish and litter. In the 2019/20-year 260 service requests for illegally dumped waste were received and Council spent $33,445 to clean up illegal dumping and dispose of it. Another $7474 was spent on picking up and disposing of litter.

7 Other costs associated with litter include clearing sumps and blockages (plastic bottles and bags are a common cause of sump blockages), street cleaning costs, and picking up litter in parks and reserves.

8 Issuing fines for littering and illegal dumping is likely to deter people, which would help to reduce incidences. While enforcement in this area can be difficult due to challenges in gathering sufficient proof, examples from other jurisdictions show that this can be a worthwhile effort. When Hastings District Council undertook an anti-littering campaign in 2014 for example, it was found that 70% of dumped waste contained evidence that could lead to the offender.

9 Other councils in the Wellington Region issue infringements for illegally dumped rubbish. For example, Porirua City Council adopted a Litter Infringement Policy on 11 December 2019 which enables officers to issue infringement notices between $100 and $400. Hutt City also issues litter infringements between $100 and $400 and provides an education leaflet about illegal dumping on their website.

10 Apart from the cost to Council to deal with illegally dumped waste or litter in the public space, there is also a reputational risk to Council from not following up with offenders, which may create a perception that it is okay to dump waste, as there are no consequences and Council will pick up after the offenders.

11 Residents also have an expectation that Council will enforce the Litter Act. This is even more clear now that the new Solid Waste Management and Minimisation Bylaw has been adopted where there is more emphasis on prevention of litter in the public space. For example, the Bylaw now enables Council to infringe when flyers are put under windscreen wipers of cars parked in the public area, but at the moment Council cannot infringe (yet) under the Litter Act as will be explained below.

12 Council can currently prosecute through the courts. However, prosecution is not considered in the ‘public interest’ as the cost of prosecution is prohibitive. Council can also, if there is sufficient evidence to link dumped waste to a person, remove the waste and recover the cost from this person. Council’s current schedule of compliance fees includes a fee to that end, which is the cost of removal of litter plus 20 percent.

13 Looking forward to the future, there is a possibility that illegal dumping will increase as a result of increasing the waste levy on every tonne to landfill per 1 July 2021, which in turn will increase the gate fees at our transfer stations. In the submission that Council prepared to the draft proposal to raise the waste levy it was mentioned that Central Government will need to provide more support for increased enforcement for this reason.

Issue and Option

Issue

14 Under section 13 of the Litter Act 1979, territorial authorities may adopt infringement notice provisions to address depositing of litter in a public place or on private land. When the provisions of sections 13 and 14 have been adopted by Council resolution in accordance with section 13 (2), (2A) and (3), Council may serve an infringement notice under the Litter Act.

15 In 2012, a report was put to Council on 17 May (CS-12-537) to adopt the provisions of sections 13 and 14 of the Litter Act, but unfortunately the resolution adopted by Council did not meet the requirements of section 13, as ‘the nature of the infringement offence or offences and the fee payable in respect of any such offence’ were not specified as required under section 13 (3) of the Litter Act. What was missing was a description of the offences and the fees payable for those offences.

16 This means that at this moment in time Council cannot serve an infringement notice under the Litter Act.

Option 1

17 There are various ways in which council can decide to describe the nature of the infringement offences and the fee payable in respect of those offences.

18 There is a more descriptive approach where offences are described and categorised with a fee per category. This approach been adopted by for example Hutt City, where Council by resolution approved three categories of offences and fee levels in 2007.

19 Table 1

Descriptors for typical offences	Fine
Minor littering: One-off incidents involving cigarette butts, wrappers/papers, chewing gum, small food waste, take-away food/drink containers, fish-and-chip papers, plastic drinks bottle(s) and aluminium cans.	$100
Medium littering: Single used disposable nappy or nappies, small dumping (e.g.. up to four supermarket shopping bags), domestic household refuse/commercial waste in or by public litter bins, small dumping in or by commercial waste bins/clothing bins/recycling stations, persistent use of unofficial (non-Council) refuse bags, and small insecure load from truck or trailer.	$200
Major littering: Household waste, commercial waste, green waste, car parts, glass or any other litter as defined in the Litter Act 1979 and not defined as minor or medium littering above. Note the depositing of glass or glass bottles (broken or not) is defined under the Act as a dangerous form of litter and is thus considered a major littering offence.	$400

Option 2

20 Then there is a volume-based approach to categorise the offences and relating fees, like for example Porirua City Council has adopted in their Litter Infringement Policy 2019. Porirua also decided to include a place-based approach for the third category and a waste type approach for the fourth category.

Table 2

FINE	DESCRIPTION FOR TYPICAL OFFENCES
$100	Depositing litter of less than one litre by volume Examples: a takeaway container or contents of an ashtray
$200	Depositing litter from 1 to 20 litres by volume Examples: roadside dumping of a 1.5 litre plastic container, or placing household rubbish bags or accumulated car waste in public litter bins
$300	Depositing litter from 20 to 120 litres by volume OR Depositing any litter in a Council park or reserve Examples: roadside dumping of small volumes of household or green waste, or of any pest plant material
$400	Depositing litter of more than 120 litres by volume OR Depositing of Hazardous litter Examples: dumping commercial waste, dumping disposable nappy(s), car parts or glass, e-waste, animal remains or anything that has a hazardous chemical residue

Option 3

21 This option reflects the same approach as option 2 with some amendments to the examples and adding on a differentiation between a first offence and a repeated offence.

22 Table 3

Infringement notices for disposal of waste in Kāpiti Coast District in a public place, or on private land, without the occupier’s consent
DESCRIPTION FOR TYPICAL OFFENCES	First Offence	Second or subsequent offence within one year
Depositing litter of less than or equal to one litre by volume Examples: takeaway food/drink containers, cigarette butts, plastic drink bottles	$100	$400
Depositing litter from 1 to 20 litres by volume* Examples: roadside dumping of household rubbish or accumulated car waste or putting it in public litter bins	$200	$400
Depositing litter from 20* to 120** litres by volume OR Depositing any litter in a Council park or reserve Examples: roadside dumping of smaller volumes of household or green waste, or of any pest plant material	$300	$400
Depositing litter of more than 120 litres by volume OR Depositing of Hazardous litter Examples: dumping commercial waste, dumping disposable nappies, car parts or glass, e-waste, animal remains or anything that has a hazardous chemical residue	$400	$400

* 20L is the approximate capacity of a small pull-out kitchen or a bathroom rubbish bin

** 120L is the approximate max. capacity of two ‘usual’ (black) rubbish bags for household (60L per bag)

23 This option is the preferred option as including the place-based approach for $300 offences and the waste-type approach for $400 offences reflects that the impacts on the environment are more significant in those instances.
The differentiation between a first and a repeated offence was not included in the approaches taken by Hutt City (option 1) and Porirua (option 2), but is in line with Council’s approach to educate first and enforce when needed. This approach has also been adopted by for example Auckland Council.

Considerations

Policy considerations

24 The phased approach to infringements for first and repeat offences unless the impact is greater (for illegal dumping in parks and open spaces and hazardous waste) is in line with Council’s Compliance and Enforcement Policy 2018. Setting the gliding scale for infringements and publicising this scale directly implements the principles of this Policy of being transparent and open, and fair and consistent. It will be clear for all what is considered an infringement offence under the Litter Act.

Legal considerations

25 Under section 13 of the Litter Act 1979, territorial authorities may adopt infringement notice provisions to address depositing of litter in a public place or on private land. When the provisions of sections 13 and 14 have been adopted by Council resolution in accordance with section 13 (2), (2A) and (3), Council may serve an infringement notice under the Litter Act.

26 Section 13 (3) requires that every resolution made under subsection (2) shall specify the nature of the infringement offence or offences and the fee payable in respect of any such offence.

27 As described above this last step set out under section 13 (3) is what is proposed in this report.

28 As stipulated in Section 13, Council needs to give at least 14 days’ notice of its intention to pass a resolution to adopt the provisions of section 13. It is proposed that Council adopts the infringement offences table as proposed under section 22 of this report and at the same time approves giving notice the week following with a term of 14 days, which means that the ability to infringe will come into force after the notice period.

29 In accordance with section 7 of the Litter Act, every officer appointed as a Litter Control Officer is authorised to enforce the provisions of this Act and may intervene to prevent the deposit or attempted deposit of litter in the public place or onto private land without the consent of the occupier of that private land.

30 The content of this report has been discussed with and reviewed by in house legal counsel.

Financial considerations

31 Issuing of infringements for illegal dumping may increase demand on the compliance team, but at this moment in time additional resourcing into this team is not proposed.

32 The focus for action will be on the more serious and repeat incidents and on repeat illegal dumping locations. The team will also prioritise incidents where there is a clear evidential line of enquiry. This is in line with Council’s Compliance and Infringement Policy 2018, to focus enforcement efforts on people or organisations for which the compliance team has reason to believe they are unwilling to comply.

33 There is a small enforcement budget incorporated in the solid waste activity budget that will be used to support infringement actions.

Tāngata whenua considerations

34 As part of the new Solid Waste Minimsation and Management Bylaw 2021 which includes enforcement based on the Litter Act 1979, Iwi has been consulted and feedback has been received from one Iwi. Iwi have also been consulted during the development of the WWMP in 2017, which incorporated the action to manage illegal dumping and litter in the public space. As this report proposes to implement one step of a process that was resolved by Council in 2012, separate engagement has not been undertaken.

35 Infringing illegal dumping in public spaces will enable a strong stance from Council to promote a healthy and waste free environment.

Strategic considerations

36 In Council’s action plan that forms part of the Regional Waste Management and Minimisation Plan 2017-23 that Council has adopted, action 4 in section 10.2.5 (Infrastructure) is to Provide clean Public Places, which includes managing illegal dumping and litter in the public space.

37 Councils across the region have now also embedded conditions in the (regionally consistent) Solid Waste Management and Minimisation Bylaw 2021 which assist in preventing litter but also enables Councils to act, such as a condition focussing on unaddressed mail and advertising material.

38 Using infringements as a tool to drive a litter free public space and a clean environment aligns with Council’s strategy and bylaw on solid waste but also with Council’s strategic outcome of providing a healthy and natural environment.

Significance and Engagement

Significance policy

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

Engagement planning

40 An engagement plan is not needed to implement this decision.

Publicity

41 As discussed under paragraph 28 of this report 14 days’ notice will be given of the Council resolution.

42 Once the public notice period has passed, the table will be published on the Council’s website.

43 A communications plan will be developed in tandem with developing a programme for targeted enforcement focussing on known repeat illegal dumping areas.

Recommendations

44 That the Council resolves to adopt the table ‘Infringement notices for disposal of waste in Kāpiti Coast District in a public place, or on private land, without the occupier’s consent’ in line with section 13 (3) of the Litter Act 1979 and as discussed under paragraph 22-23 (table 3) of this report.

45 That the Council resolves that notice will be given as required under section 13 of the Litter Act 1979 with regard to the resolution made under section 13 (3) of the Litter Act 1979, which means that section 13 (3) of the Litter Act will come into force after the notice period.

Appendices

Nil

[1] The provision in relation to ability to “manage, regulate against or protect against damage or misuse of land under the control of the territorial authority” relates to rules to protect the land and infrastructure, not the indigenous flora or fauna on that the land.

[2] Guidance on iwi aspirations for the beach was received from Ātiawa ki Whakarongotai, with the support of ART. The guidance included a number of proposals for consideration.

[3] In May 2020, a complaint was made to the Human Rights Commission on the basis that the survey questions about disability access were biased and discriminated by way of age and disability. Council Officers attended mediation on the matter. The Human Rights Commission has now closed the complaint.

[4] The range of community views was diverse and in some cases almost evenly split.

[5] How people are impacted by event and/or perceive behaviour can differ widely depending on the event or activity, the location, the time of day, the number of participants and their demeanour.

[6] Submitters will not necessarily see their individual views reflected in the Bylaw presented for adoption. A range of factors are considered in determining how to respond to issues and meet our legislative requirements. Considerations include the: size and impact of issue; usefulness of using the bylaw to address it; potential to create, rather than reduce, conflict between beach users; practicality of response; Council’s ability to monitor or enforce; and financial impact in terms of capital expenditure or staff costs.


AGENDA Council Meeting
I hereby give notice that a Meeting of the Kapiti Coast District Council will be held on:
Date:	Thursday, 25 March 2021
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