Agenda of Hearings Panel - Other

Hearings Panel - Other Minutes - 20 June 2019

N-logotype-black-wide Hearings Panel - Other

5 September 2019

Page No.

1. Apologies

Nil

2. Confirmation of Order of Business

3. Interests

3.1 Updates to the Interests Register

3.2 Identify any conflicts of interest in the agenda

4. Public Forum

4.1 Alvin Schroder - Proposed Naming of an accessway in Washington Valley

4.2 Diana Clark - Proposed Naming of an accessway in Washington Valley

5. Proposed Naming of an Accessway in Washington Valley 7 - 26

Document number R9520

Recommendation

That the Hearings Panel - Other

1. Receives the report Proposed Naming of an Accessway in Washington Valley (R9520) and its attachments (A2011057, A306318, A1959653 and A2026077); and

2. Approves the name “Appo Hocton Way” for the accessway through unformed road reserve and accessway connecting Pioneer Crescent to Valley Heights Road.

6. Application for change of street name suffix 27 - 32

Document number R10379

Recommendation

That the Hearings Panel - Other

1. Receives the report Application for change of street name suffix of Huntaway Ridge (R10379) and its attachments (A2233032 and A2235719); and

2. Approves the suffix “Close” with the road being named “Huntaway Close”.

7. Temporary Road Closures - The Nelson Arts Festival, Mask Parade, Santa Parade, Christmas Carols, New Year's Eve Countdown, Buskers Festival, Trafalgar Street Market Day and the Nelson Long Lunch. 33 - 51

Document number R10182

Recommendation

That the Hearings Panel - Other

1. Receives the report Temporary Road Closures - The Nelson Arts Festival, Mask Parade, Santa Parade, Christmas Carols, New Year's Eve Countdown, Buskers Festival, Trafalgar Street Market Day and the Nelson Long Lunch. (R10182) and its attachments (A2197302, A2022870, A2066642, A2088912, A2088959, A2079322, A2237523, A2234652 and A2227645); and

2. Approves the following temporary road closures (as per report R10182):

- 16 to 29 Oct 2019, Nelson Arts Festival (A2197302);

- 18 to 19 Oct 2019, Mask Parade (A2022870);

- 1 Dec 2019, Santa Parade (A2066642);

- 31 Dec 2019 to 1 Jan 2020, New Year’s Eve (A2088959);

- 24 Dec 2019, Christmas Carols (A208812);

- 30 Jan to 2 Feb 2020, Buskers Festival 2020 (A2234652);

- 1 Feb 2020, Trafalgar Street Market Day 2020 (A2234652);

- 3 Feb 2020, Nelson Long Lunch (A2227645).

8. Temporary Road Closure - Bay Dreams 2020 52 - 59

Document number R10440

Recommendation

That the Hearings Panel - Other

1. Receives the report Temporary Road Closure - Bay Dreams 2020 (R10440) and its attachments (A2079322 and A2219959); and

2. Approves the temporary road closure application for Bay Dreams 2020 from 2 to 5 January 2020, amended as follows:

a. 9.00am Thursday 2 January until 10.00pm Sunday 5 January:

· Hathaway Carpark

b. 9.00am Friday 3 January until 3.00pm Sunday 5 January:

· Paru Paru Road (from bollards North of the Salvation Army Family Store)

c. 9.00am Saturday 4 January until 1.00am Sunday 5 January:

· Trafalgar Street (Halifax Street to SH6)

· Wainui Street

· Elliot Street

· Hathaway Terrace

· Grove Street (Trafalgar Street to Collingwood Street)

d. 5:30pm Saturday 4 January until 1.00am Sunday 5 January:

· Achilles Ave

· Wakatu Lane

e. 8.00pm Saturday 4 January – 1.00am Sunday 5 January

· Halifax Street (Rutherford Street to Collingwood Street)

· Trafalgar Street (Halifax Street to Bridge Street

9. Objection to Classification of three dogs as menacing - Adam Schwass - Dogs' names: Chip, Storm and Meg. 60 - 91

Document number R10438

Recommendation

That the Hearings Panel - Other

1. Receives the report: Objection to Classification of three dogs as menacing - Adam Schwass - Dogs' names: Chip, Storm and Meg. (R10438) and its attachments (A2134555, A2230249, A2236087, A2230257, A2217554, A2236473); and

2. Dismisses the objection of Adam Schwass; and

3. Upholds the classification of the Dogs - Chip, Storm and Meg as menacing.

Item 5: Proposed Naming of an Accessway in Washington Valley

Hearings Panel - Other

5 September 2019

REPORT R9520

Proposed Naming of an Accessway in Washington Valley

1. Purpose of Report

1.1 To consider and approve the naming of the accessway between Pioneer Crescent and Valley Heights Road as Appo Hocton Way.

2. Summary

2.1 Descendants of Appo Hocton, an early Nelson settler, have requested that his contribution to Nelson be acknowledged through the naming of a suitable public asset.

2.2 The request is to name the accessway between Pioneer Crescent and Valley Heights Road (currently not formally named) as Appo Hocton Way.

2.3 The accessway is a concrete path connecting Valley Heights Road to Pioneer Crescent. The formation is constructed over legal road and land set aside as Accessway that vests in Nelson City Council.

3. Recommendation

That the Hearings Panel - Other

1. Receives the report Proposed Naming of an Accessway in Washington Valley (R9520) and its attachments (A2011057, A306318, A1959653 and A2026077); and

2. Approves the name “Appo Hocton Way” for the accessway through unformed road reserve and accessway connecting Pioneer Crescent to Valley Heights Road.

4. Legal Status

4.1 The land in question (refer Attachment 1) showing “Pioneer Crescent as Legal Road” and “Lot 54 Accessway to vest in the Nelson City Council” was set aside in two separate dealings. The first piece of land referred to in DP 442911 as “Pioneer Crescent - legal road” was dedicated for the purposes of use as a Public Street pursuant to section 125 of the Public Works Act 1928. This was vested in Council by a Memorandum of Transfer 50182 on 24 August 1953.

4.2 The second piece of land referred to as Lot 54 accessway was required to vest in the Nelson City Council as a condition of Resource Consents RM085135 and RM950109. The Deposited Plan shows the subject land as Lot 54 on Deposited Plan 442911 and states “Accessway to Vest in The Nelson City Council”. The Accessway was vested to Nelson City Council as part of the title deposit process on 7 November 2011.

4.3 The definition of Accessway is included in the definition of road in s315 (1) of the Local Government Act 1974. Section 319(1)(j) of the Local Government Act gives Council (or its delegated committee) the power “to name and to alter the name of any road and to place on any building or erection on or abutting on any road a plate bearing the name of the road”.

5. Background

5.1 Appo Hocton (Wong Ah Poo Ting) arrived in Nelson on the Thomas Harrison in 1842. He was the first Chinese immigrant and the first Chinese person in New Zealand to become a naturalised citizen. Once naturalised he bought land in the Washington Valley, and built several houses in Hastings Street, owning one and leasing the others. Appo Hocton was a well-known businessman and personality in Nelson. Further details about Appo Hocton can be found in the local historical database “The Prow” in the library or http://www.theprow.org.nz/people/appo-hocton/#.V2yd801f2Uk

5.2 Appo Hocton’s descendants have been in contact with Council for more than a decade with the aim of seeing him commemorated through an appropriate naming opportunity. Their request is included in Council’s “name bank” as a possibility for consideration when naming reserves and other features.

6. Prior Naming

6.1 The accessway has not been previously named. As a transport asset, the procedure for naming comes under the draft Road Naming Guidelines. Refer to Attachment 2.

6.2 An application was received from Alvin and Priscilla Schroder on behalf of descendants of Appo Hocton on 15 December 2017, requesting the naming of walkway from Pioneer Crescent to Valley Heights. Refer to Attachment 3.

6.3 The name Valley Heights Road was adopted for the road layout at the Applications Committee meeting on 25 July 2007. No specific mention of the accessway from Valley Heights Road to Pioneer Crescent has been found.

7. Naming the path

7.1 Naming is routinely conducted between land developers and the Hearings Panel without further public consultation and the decision-making authority has been delegated to the Hearings Panel.

7.2 Should the Hearings Panel see merit in naming the link, officers suggest Appo Hocton Way. The term Way is chosen from Appendix 2 of the draft Road Naming Guidelines, and means: “A path or route (Council uses this term for private right of way with vehicular access and named for identification purposes). The term Lane could also be used and means: A narrow passage between hedges or buildings, an alley.”

7.3 Whilst the draft Road Naming Guidelines recommend names should be limited to one word, officers recommend using the full name because shortening Appo Hocton Way to Hocton Way would disconnect the name from Wong Ah Poo Ting and his heritage. There are other names with multiple words, e.g. Will Watch Way.

7.4 There are no similar or conflicting names of roads or walkways in Nelson City or the Tasman District.

8. Consultation

8.1 Clause 7.3 of the draft Road Naming Guidelines notes:

“If the road is on or near a site of significance to iwi, and if an appropriate Maori name can be identified, the Hearings Panel will seek the advice of iwi over the name”.

8.2 The applicant has written to the eight regional iwi on 15 May 2018 explaining their request and inviting comments and suggestions. They received no replies. Refer to Attachment 4.

8.3 Council officers followed up on the requests in June 2018. Support for the proposed naming was received from Te Ãtiawa, Ngāti Koata and Ngāti Kuia. Ngāti Rārua acknowledged the request (in September 2018) but have chosen not to comment. Ngāti Toa gave support when contacted on 23 May 2019. Ngāti Tama has chosen not to comment on the naming. The iwi that indicated an interest have acknowledged that they have been successfully contacted for advice, comments and suggestions.

8.4 The New Zealand China Friendship Society - Nelson Branch has been advocating for the accessway to be named Appo Hocton Way.

8.5 The matter has also been raised and considered by the Sister City Co-ordinating Group who also support this renaming.

9. Financial

9.1 The applicant has agreed to pay for all costs associated with the naming of the accessway.

10. Options

10.1 There are three options to be considered as detailed below:

Option 1: Do not name the accessway
Advantages	· No internal administration is required to make the change.
Risks and Disadvantages	· Some members of the local community may be dissatisfied. · The request of the family of Appo Hocton to have a public asset named in his honour will not be realised.
Option 2: Name the accessway Appo Hocton Way
Advantages	· Recognises the diverse contributions of an early Nelsonian. · Responds to a local family request.
Risks and Disadvantages	· Internal administration to change name in GIS, asset register etc. · Some risk of challenge by other members of the community who may be unhappy with the proposed naming.
Option 3: Name the walkway something else
Advantages	· No known advantage.
Risks and Disadvantages	· Time and consultation costs to develop alternative naming option · Internal administration to change name in GIS, asset register. · Some risk of challenge by other members of the community unhappy with the naming

11. Conclusion

11.1 Council has been approached by a descendant of Appo Hocton to name an un-named walkway in Washington Valley.

11.2 Officers are in support of Option 2, the accessway being named the Appo Hocton Way, as this would recognise a person who has made a significant contribution to the development of Nelson.

11.3 Should the naming to Appo Hocton Way proceed, it is proposed that signage (blue fingerboard) be installed at each end of the walkway, on Pioneer Crescent and Valley Heights Road.

11.4 Council currently uses draft guidelines on naming. All steps outlined in the guidelines, including engagement with iwi, have been carried out and officers recommend that Council proceed with naming the walkway.

Author: Callum Inns, Graduate Transport Planner

Attachments

Attachment 1: A2011057 - Appo Hocton Walkway - Legalisation maps 13Jul2018 ⇩

Attachment 2: A306318 - Draft Road Naming Guidelines ⇩

Attachment 3: A1959653 - Initial naming request ⇩

Attachment 4: A2026077 - Communication from applicant to iwi ⇩

Important considerations for decision making

1. Fit with Purpose of Local Government

Acknowledging the contributions of Appo Hocton through naming of this accessway fits with the purpose of Local Government to enable democratic local decision-making and action by, and on behalf of, communities.

2. Consistency with Community Outcomes and Council Policy

The recommendation in this report is consistent with the following community outcomes:

· Our communities have opportunities to celebrate and explore their heritage, identity and creativity

· Our Council provides leadership and fosters partnerships, a regional perspective, and community engagement.

· Work to develop a Council Naming Policy is underway but the recommended decision is not inconsistent with the approach being taken by the draft policy and officers see no reason to delay a decision.

3. Risk

There is a low risk that some community members may disagree with the chosen name. There is a low to moderate risk that a geographical un-official name, e.g. Pioneer Crescent walkway may persist.

4. Financial impact

The applicant has agreed to pay for the accessway naming signs. Any future installation of an interpretation board would be managed though the Historic Places prioritisation process and budgets. The walkway naming can progress without an interpretation panel.

5. Degree of significance and level of engagement

This matter is of low significance as public are not normally consulted on proposed road names.

6. Inclusion of Māori in the decision making process

Eight regional iwi were written to by the applicant seeking feedback on the proposal in May 2018. No replies were received. Council officers followed up and the responses from iwi showed that there was no opposition to the naming.

7. Delegations

Under paragraph 6.18.3 of the NCC Delegations Register the Hearings Panel (Other) has the following specific delegation: “The power to name all features within the city requiring naming including roads, streets, service lanes, plazas, parking areas, parks, reserves, gardens and all public facilities or infrastructure”.

Item 6: Application for change of street name suffix

Hearings Panel - Other

5 September 2019

REPORT R10379

Application for change of street name suffix

1. Purpose of Report

1.1 To approve or decline the change of road name suffix from “Ridge” to “Close” for Huntaway Ridge.

2. Recommendation

That the Hearings Panel - Other

1. Receives the report Application for change of street name suffix of Huntaway Ridge (R10379) and its attachments (A2233032 and A2235719); and

2. Approves the suffix “Close” with the road being named “Huntaway Close”.

3. Background

3.1 The name of “Huntaway Ridge” was approved by the Hearings Panel on 9 November 2017, under Report Number 8547.

3.2 This road name was included in the update sent to Land Information NZ (LINZ) in June 2019, following issue of the Section 224 Certification for this stage of the subdivision.

3.3 LINZ subsequently advised that the suffix “Ridge” does not meet the current road naming criteria in the Standard AS/NZS 4819:2011. The applicant has therefore requested that the suffix be changed to “Close” as it is a cul-de-sac. See attachment 2 for location map.

4. Discussion

4.1 The suffix “Close” complies with the Standard AS/NZS 4819:2011 (Geographic Information – Rural and urban addressing). The road type “Close” is defined in the Standard as a “short enclosed roadway”. (See Attachment 1, A2233032). This road is a cul-de-sac which complies with the description of “Close”.

5. Options

5.1 The Hearings Panel has three options:

5.1.1 To approve the suffix “Close” in place of “Ridge” for the road currently named “Huntaway Ridge”; or

5.1.2 To decline the suffix and to ask the Developer to submit an alternative suffix; or

5.1.3 To select an alternative suffix from the approved Road Types in the Standard AS/NZS 4819:2011

Author: Kathy Mardon, Consents Subdivision Administrator

Attachments

Attachment 1: A2233032 AS NS 4819 2011 - Appendix B - New Zealand Road Types ⇩

Attachment 2: A2235719 - Street Naming Change Huntaway Ridge to Huntaway Close ⇩

Important considerations for decision making

1. Fit with Purpose of Local Government

The Council has the authority to name roads, pursuant to s.319(j) of the Local Government Act 1974.

2. Consistency with Community Outcomes and Council Policy

The decision in this report supports the following community outcome:

Our Council provides leadership and fosters partnerships, a regional perspective and community engagement.

3. Risk

This is a low risk decision as the road name has previously been approved by the Hearings Panel; the proposed change of suffix does not result in any confusion to the public or emergency services.

4. Financial impact

No additional resources are required

5. Degree of significance and level of engagement

This matter is of low significance as the decision on the road name has been made previously, and therefore no consultation is planned.

6. Inclusion of Māori in the decision making process

No engagement with Māori has been undertaken in preparing this report.

7. Delegations

Under paragraph 6.18.3 of the Nelson City Council’s Delegations Register, the Hearings Panel has the following specific delegation:

The Hearings Panel has the power to name all features within the city requiring naming including roads, streets, service lanes, plazas, parking areas, parks, reserves, gardens and all public facilities or infrastructure.

Item 7: Temporary Road Closures - The Nelson Arts Festival, Mask Parade, Santa Parade, Christmas Carols, New Year's Eve Countdown, Buskers Festival, Trafalgar Street Market Day and the Nelson Long Lunch.

Hearings Panel - Other

5 September 2019

REPORT R10182

Temporary Road Closures - The Nelson Arts Festival, Mask Parade, Santa Parade, Christmas Carols, New Year's Eve Countdown, Buskers Festival, Trafalgar Street Market Day and the Nelson Long Lunch.

1. Purpose of Report

1.1 To approve the temporary road closure applications in this report.

2. Recommendation

That the Hearings Panel - Other

2. Approves the following temporary road closures (as per report R10182):

- 16 to 29 Oct 2019, Nelson Arts Festival (A2197302);

- 18 to 19 Oct 2019, Mask Parade (A2022870);

- 1 Dec 2019, Santa Parade (A2066642);

- 31 Dec 2019 to 1 Jan 2020, New Year’s Eve (A2088959);

- 24 Dec 2019, Christmas Carols (A208812);

- 30 Jan to 2 Feb 2020, Buskers Festival 2020 (A2234652);

- 1 Feb 2020, Trafalgar Street Market Day 2020 (A2234652);

- 3 Feb 2020, Nelson Long Lunch (A2227645).

3. Background

3.1 It is a requirement that temporary road closures made under Schedule 10 Clause 11(e) of the Local Government Act 1974 come to the Hearings Panel - Other for approval.

3.2 Applications are being presented earlier this year due to difficulty holding hearings over the election period.

3.3 It is a requirement that consultation with the New Zealand Transportation Agency (NZTA) is undertaken to temporarily close any road under Schedule 10 Clause 11 of the Local Government Act 1974. Nelson City Council and NZTA have an agreement that specific consultation is only required if the closure affects state highway or their assigned detour routes.

4. Discussion

Nelson Arts Festival 2019

4.1 Council officers received an application on 28 May 2019 from event organisers to close the roads listed below (as shown in attachment 1) to enable the Piki Mai light display on the Cawthron Steps.

4.1.1 5.00am Wednesday 16 October until 6.00am Tuesday 29 October:

· Upper Trafalgar Street from Selwyn Place to Hardy Street

4.1.2 Friday 18 October until Tuesday 29 October, 7.30pm – midnight daily:

· Selwyn Place from Trafalgar Square East to Trafalgar Square West

4.2 Consultation with NZTA has not been undertaken due to this event not having any impact on the State Highway or its detour routes. Consultation with Police has been undertaken and they have given approval for this event.

4.3 As per clause 11(e) of schedule 10 of the Local Government Act 1974, this proposed road closure will not exceed the aggregate of 31 days for any year.

4.4 As per clause 11A of schedule 10 of the Local Government Act 1974, Council placed a notification in Our Nelson on 12 June 2019 to notify of its intention to close these roads and inviting feedback by 28 June 2019. The advertisement was also placed on the council website. No feedback from the public was received.

4.5 The applicant’s traffic management provider, Nelmac has also requested Park Street be closed for this event during the times Selwyn Place is closed. Park Street has no turning space and will be closed at Selwyn Place, so closing it will prevent congestion and the risk of vehicles being unable to exit the street.

4.6 This event will be covered by resource consent RM125912 for noise and evidence of public liability insurance has been provided.

4.7 The applicant is aware that Council is considering summertime closure or making Upper Trafalgar Street a permanent pedestrian area. The outcome of the Council decision is unknown at the time of report writing but the applicant is aware they may have to alter traffic management plans (TMPs) and event layout to accommodate whatever decision is made.

4.8 Council officers are satisfied that the road closure will not unreasonably impede traffic because alternative routes are available and the extent and duration is limited. Council officers recommend that this application be approved with the inclusion of Park Street.

Nelson Mask Parade 2019

4.9 Council officers received an application from Nelson Mask Parade organisers on 28 May 2019 to close the roads listed below (as shown in attachment 2) for the Mask Parade and Carnivale. This application also included a wet weather contingency day for the parade only on Sunday 20 October at 5pm.

4.9.1 7.00am Friday 18 October until 3.00am Saturday 19 October:

· Upper Trafalgar Street from Selwyn Place to Hardy Street

4.9.2 9.00am Friday 18 October until 3.00am Saturday 19 October:

· Hardy Street from Trafalgar Street to Church Street

4.9.3 2.00pm until 7.00pm Friday 18 October:

· North half of Montgomery Square Car Park

· Entrance to Montgomery Carpark from Bridge Street

4.9.4 3.30pm until 7.00pm Friday 18 October:

· Church Street

· Hardy Street from Montgomery Square to Church Street

· Haven Road from Wakatu Lane to Bridge Street

4.9.5 From 3.30pm Friday 18 October until 3.00am Saturday 19 October:

· Park Street

· Morrison Street

· Trafalgar Street from Hardy Street to Bridge Street

· Hardy Street from Trafalgar Street to Hope Street

· Selwyn Place from Sussex Street to Trafalgar Square West

4.10 Consultation with NZTA has not been undertaken due to this event not having any impact on the state Highway or its detour routes. Consultation with Police has been undertaken and they have given approval for this event.

4.11 As per clause 11(e) of schedule 10 of the Local Government Act 1974, this proposed road closure will not exceed the aggregate of 31 days for any year.

4.12 As per clause 11A of schedule 10 of the Local Government Act 1974, Council placed a notification in Our Nelson on 12 June 2019 to notify of its intention to close these roads and inviting feedback until 28 June 2019. The advertisement was also placed on the council website. No feedback from the public was received.

4.13 The applicant’s traffic management provider Nelmac has also requested the closure of Hardy Street be extended to Collingwood intersection from 3.30pm until 7.00pm and include Hope Street to stop traffic turning into Hardy Street from the intersection.

4.14 This event will be covered by resource consent RM125912 for noise and evidence of public liability insurance has been provided.

4.15 Access for buses will be managed by onsite traffic management staff and the organisers will be liaising with the bus company regarding this.

4.16 The applicant is aware that Council is considering summertime closure or making Upper Trafalgar Street a permanent pedestrian area. The outcome of the Council decision is unknown at the time of report writing but the applicant is aware they may have to alter TMPs and event layout to accommodate whatever decision is made.

4.17 Council officers are satisfied that the road closure will not unreasonably impede traffic because alternative routes are available, the extent and duration is limited and there have been no issues raised in the past years this event has been run. Council officers recommend that this application be approved with the extension of Hardy Street to Collingwood Intersection and the addition of Hope Street.

Santa Parade

4.18 In anticipation of a formal request, council officers initiated the process to close the roads listed below (as shown in attachment 3) on Sunday 1 December 2019 between the hours of 2.00pm and 6.00pm for the Nelson Santa Parade. A wet weather contingency day for the parade is Sunday 8 December.

4.18.1 Hathaway Terrace

4.18.2 Trafalgar Street from Grove Street to Hardy Street (including Halifax Street and Bridge Street intersections)

4.18.3 Hardy Street from Rutherford Street to Collingwood Street

4.18.4 Morrison Street

4.18.5 Hope Street

4.19 Consultation with NZTA has not been undertaken due to this event not having any impact on the state Highway or its detour routes. Consultation with Police has been undertaken and they have given approval for this event.

4.20 As per clause 11(e) of schedule 10 of the Local Government Act 1974, this proposed road closure will not exceed the aggregate of 31 days for any year.

4.21 As per clause 11A of schedule 10 of the Local Government Act 1974, Council placed a notification in Our Nelson on 24 July 2019 to notify of its intention to close these roads and inviting feedback until 2 August 2019. The advertisement was also placed on the council website. No feedback was received.

4.22 At the time of writing this report, no Santa Parade organiser has been appointed, but to ensure there are no delays when an organiser is found, the festival team has requested the road closures be processed. When the event organiser is confirmed, evidence of public liability insurance and a TMP will be required.

4.23 Council officers are satisfied that the road closure will not unreasonably impede traffic because alternative routes are available, the extent and duration is limited and there have been no issues raised in the past years this event has been run. Council officers recommend that this application be approved.

Christmas Carols

4.24 Council officers initiated the process to close Selwyn Place (as shown in attachment 4) on Tuesday 24 December 2019 between the hours of 7.00pm and 11.00pm to enable the annual Christmas Carols to be held at the Cawthron Steps.

4.25 Consultation with NZTA has not been undertaken due to this event not having any impact on the state Highway or its detour routes. Consultation with Police has been undertaken for this event and they have given their approval.

4.26 As per clause 11(e) of schedule 10 of the Local Government Act 1974, this proposed road closure will not exceed the aggregate of 31 days for any year.

4.27 This event will be covered by resource consent RM125912 for noise and will be covered by Council’s public liability insurance.

4.28 As per clause 11A of schedule 10 of the Local Government Act 1974, Council placed a notification in Our Nelson on 29 May 2019, to notify of its intention to close these roads and inviting feedback until 7 June 2019. The advertisement was also placed on the council website. No feedback was received.

4.29 Council officers are satisfied that the road closure will not unreasonably impede traffic because alternative routes are available, the extent and duration is limited and there have been no issues raised in the past years this event has been run. Council officers recommend that this application be approved.

New Years

4.30 Council officers received an application from Creative Event Logistics on 12 July 2019 to close the roads listed below (as shown in attachment 5) 5.00am Tuesday 31 December 2019 until 12.00pm Wednesday 1 January 2020, to enable the annual New Year’s Eve countdown and entertainment at the Cawthron Steps.

· Selwyn Place from Trafalgar Square East to Trafalgar Square West

· Trafalgar Street from Hardy Street to Selwyn Place

4.31 Consultation with NZTA has not been undertaken due to this event not having any impact on the State Highway or its detour routes. Consultation with Police has been undertaken and they have given approval for this event.

4.32 As per clause 11(e) of schedule 10 of the Local Government Act 1974, this proposed road closure will not exceed the aggregate of 31 days for any year.

4.33 As per clause 11A of schedule 10 of the Local Government Act 1974, Council placed a notification in Our Nelson on 24 July 2019 to notify of its intention to close these roads and inviting feedback until 2 August 2019. The advertisement was also placed on the council website. No feedback was received.

4.34 The applicant is aware that Council is considering summertime closure or making Upper Trafalgar Street a permanent pedestrian area. The outcome of the Council decision is unknown at the time of report writing but the applicant is aware they may have to alter TMPs and event layout to accommodate whatever decision is made.

4.35 Council officers are satisfied that the road closure will not unreasonably impede traffic because alternative routes are available, the extent and duration is limited and there have been no issues raised in the past years this event has been run. Council officers recommend that this application be approved.

Buskers Festival

4.36 Council officers received an application on 30 July 2019 from Three Bridges Productions limited to close the roads listed below (as shown in attachment 7) to enable the Buskers festival to take place:

4.36.1 Trafalgar Street from Hardy Street to Selwyn Place 30 January Thursday 30 January to Sunday 2 February 2020

4.36.2 Selwyn Place from Church Street to Trafalgar Square from Saturday 1 February to Sunday 2 February 2020, 3.00pm – 11.00pm daily

4.37 Consultation with NZTA has not been undertaken due to this event not having any impact on the state Highway or its detour routes.

4.38 Consultation with Police has been undertaken for this event and they have given their approval.

4.39 As per clause 11(e) of schedule 10 of the Local Government Act 1974, this proposed road closure will not exceed the aggregate of 31 days for any year.

4.40 As per clause 11A of schedule 10 of the Local Government Act 1974, Council placed a notification in Our Nelson on 7 August 2019, to notify of its intention to close these roads and inviting feedback until 21 August. The advertisement was also placed on the council website. Any feedback received regarding this closure will be presented to the Hearings Panel – other at the time of the meeting.

4.41 This event will be covered by resource consent RM125912 for noise and evidence of public liability insurance has been provided. Council staff will work with the applicant’s appointed traffic management provider regarding traffic management for this event.

4.42 Council officers are satisfied that the road closure will not unreasonably impede traffic because alternative routes are available, the extent and duration is limited and there have been no issues raised in the past years this event has been run. Council officers recommend that this application be approved.

Trafalgar Street Market Day 2020

4.43 Council officers received an application from Uniquely Nelson limited on 25 July 2019 to close Trafalgar Street from Bridge Street to Hardy Street (as shown in attachment 8) on Saturday 1 February 2020, 5.00am – 5.00pm for the annual Trafalgar Street Market Day.

4.44 Consultation with NZTA has not been undertaken due to this event not having any impact on the state Highway or its detour routes.

4.45 Consultation with Police has been undertaken for this event and they have given their approval.

4.46 As per clause 11(e) of schedule 10 of the Local Government Act 1974, this proposed road closure will not exceed the aggregate of 31 days for any year.

4.47 As per clause 11A of schedule 10 of the Local Government Act 1974, Council placed a notification in Our Nelson on 7 August 2019, to notify of its intention to close these roads and inviting feedback until 21 August. The advertisement was also placed on the council website. Any feedback received regarding this closure will be presented to the Hearings Panel – other at the time of the meeting.

4.48 This event does not require a resource consent for noise and evidence of public liability insurance can be provided. Council staff will work with the applicant’s appointed traffic management provider regarding traffic management for this event.

4.49 Council officers are satisfied that the road closure will not unreasonably impede traffic because alternative routes are available, the extent and duration is limited and there have been no issues raised in the past years this event has been run. Council officers recommend that this application be approved.

Nelson Long Lunch

4.50 Council officers received an application from the Multi Events Ltd on 11 July 2019 to close Hardy Street between Trafalgar Street and Collingwood Street, including intersections with Park Street, Morrison Street and Hope Street (as shown in attachment 9) for the Nelson Long Lunch. The proposed closure is from 7.00am until 6.00pm.

4.51 The Long Lunch is a well-established event that has successfully run in Arrowtown, Central Otago for a number of years. The event company is planning to establish a similar event for the Nelson community and tourists in 2020. Long tables are run down the centre of the street where people can take a seat at the table, choose to order lunch from a special menu created by any of the participating restaurants and cafes nearby. The lunch is supported by surrounding entertainment.

4.52 Consultation with NZTA has not been undertaken due to this event not having any impact on the State Highway or its detour routes. Consultation with Police has been undertaken and they have given approval for this event.

4.53 As per clause 11(e) of schedule 10 of the Local Government Act 1974, this proposed road closure will not exceed the aggregate of 31 days for any year.

4.54 As per clause 11A of schedule 10 of the Local Government Act 1974, Council placed a notification in Our Nelson on 24 July 2019, to notify of its intention to close these roads and inviting feedback until 2 August 2019. The advertisement was also placed on the council website. No feedback was received.

4.55 This event does not require a resource consent for noise and evidence of public liability insurance has been provided. Council staff are working with the applicant’s traffic management provider, Nelmac regarding traffic management for this event.

4.56 Council officers are satisfied that the road closure will not unreasonably impede traffic because alternative routes are available and the extent and duration of the closure is limited. Council officers recommend that this application be approved.

5. Options

5.1 The Hearings Panel - Other has two options, either to approve or decline the temporary road closure applications. Officers recommend approving the temporary road closures for these events.

Author: Melissa Ramsay, Roading Network Coordinator

Attachments

Attachment 1: A2197302 - Road Closure Map - Nelson Arts Festival 2019 ⇩

Attachment 2: A2022870 - Road Closure Map - Mask Parade ⇩

Attachment 3: A2066642 - Road Closure Map - Santa Parade ⇩

Attachment 4: A2088912 - Road Closure Map - Christmas Carols ⇩

Attachment 5: A2088959 - Road Closure Map - New Years Eve ⇩

Attachment 6: A2237523 - Road Closure Map - Buskers Festival ⇩

Attachment 7: A2234652 - Road Closure Map - Trafalgar Street Market Day 2020 ⇩

Attachment 8: A2227645 - Road Closure Map - Long Lunch ⇩

Important considerations for decision making

1. Fit with Purpose of Local Government

The following are applicable:

· The Local Government Act 1974, Schedule 10, Temporary Prohibition of Traffic;

· The Local Government Act 2002, Clause 78, Community Views in Relation to Decisions.

The temporary road closures fit with the purpose of local government.

2. Consistency with Community Outcomes and Council Policy

These events contribute to our community outcomes by assisting our community to celebrate their identity and community.

3. Risk

If the temporary road closures are not approved, these community events are at risk of not going ahead.

4. Financial impact

There is no financial impact to Council for these road closures.

5. Degree of significance and level of engagement

This matter is of medium significance because of the number of people affected and the short duration of the events. A request for feedback was advertised in Our Nelson and on the Council’s website.

6. Inclusion of Māori in the decision making process

No engagement with Māori has been undertaken in preparing this report.

7. Delegations

The Hearings Panel - Other has the following delegations to consider temporary road closures:

Functions:

To conduct hearings and/or determine under delegated authority applications relating to the Dog Control Act 1996, all matters relating to Temporary Road Closures pursuant to Schedule 10 clause 11(e) of the Local Government Act 1974, matters relating to naming features within the city, and any other matters required for determination by Council under legislation as determined by Council.

Item 8: Temporary Road Closure - Bay Dreams 2020

Hearings Panel - Other

5 September 2019

REPORT R10440

Temporary Road Closure - Bay Dreams 2020

1. Purpose of Report

1.1 To approve the temporary road closure application for Bay Dreams 2020.

2. Recommendation

That the Hearings Panel - Other

1. Receives the report Temporary Road Closure - Bay Dreams 2020 (R10440) and its attachments (A2079322 and A2219959); and

2. Approves the temporary road closure application for Bay Dreams 2020 from 2 to 5 January 2020, amended as follows:

a. 9.00am Thursday 2 January until 10.00pm Sunday 5 January:

· Hathaway Carpark

b. 9.00am Friday 3 January until 3.00pm Sunday 5 January:

· Paru Paru Road (from bollards North of the Salvation Army Family Store)

c. 9.00am Saturday 4 January until 1.00am Sunday 5 January:

· Trafalgar Street (Halifax Street to SH6)

· Wainui Street

· Elliot Street

· Hathaway Terrace

· Grove Street (Trafalgar Street to Collingwood Street)

d. 5:30pm Saturday 4 January until 1.00am Sunday 5 January:

· Achilles Ave

· Wakatu Lane

e. 8.00pm Saturday 4 January – 1.00am Sunday 5 January

· Halifax Street (Rutherford Street to Collingwood Street)

· Trafalgar Street (Halifax Street to Bridge Street

3. Background

3.1 It is a requirement that temporary road closures made under Schedule 10 Clause 11(e) of the Local Government Act 1974 come to the Hearings Panel - Other for approval.

3.2 Applications are being presented earlier this year due to difficulty holding hearings over the election period.

4. Discussion

Bay Dreams 2020

4.1 Council officers received an application from Safe Traffic NZ on behalf of Bay Dreams South Ltd on 3 July 2019 to close the roads listed below (as shown in Attachment 1) for the Bay Dreams Festival 2020.

4.1.1 9am Thursday 2 January until 10pm Sunday 5 January:

· Hathaway Carpark

4.1.2 9am Friday 3 January until 3pm Sunday 5 January:

· Paru Paru Road (from bollards North of the Salvation Army Family Store)

4.1.3 9am Saturday 4 January until 1am Sunday 5 January:

· Trafalgar Street (Bridge Street to SH6) - including intersections with New Street and Wakatu lane

· Wainui Street

· Elliot Street

· Hathaway Terrace

· Grove Street (Trafalgar Street to Collingwood Street)

4.1.4 5:30pm Saturday 4 January until 1am Sunday 5 January:

· Achilles Ave

· Wakatu Lane

4.1.5 8pm Saturday 4 January – 1am Sunday 5 January

· Halifax Street (Rutherford Street to Collingwood Street)

4.2 Consultation with NZTA has been undertaken due to this event having an impact on the State Highway. Nelson City Council and the applicant’s traffic management provider Safe Traffic NZ will be working with NZTA’s representative at Opus regarding traffic management for this event.

4.3 Consultation with Police was undertaken and they provided feedback regarding the road closures undertaken for the 2019 event. That feedback was that the road closure needs to be extended to include Trafalgar/Halifax intersection, Halifax street (Collingwood Street – Rutherford Street), Trafalgar Street down to intersection with Bridge Street. These were real pinch points for Police to manage during the evening and tied up valuable road policing staff for a considerable period of time at completion of the event. The closure of these street would not need to be for the entire event, but put in place from 8pm until midnight on the day of the event. Police officers were required to assist with the above last minute closures due to the large number of people walking on the roadway. Their suggested amendments from 2019 have been included in the current road closure application.

4.4 The Police also raised the issue of lack of taxi and parent drop off/pick up locations. These issues will be accommodated in the traffic management plan when the approved closure areas are confirmed.

4.5 As per clause 11(e) of schedule 10 of the Local Government Act 1974, this proposed road closure will not exceed the aggregate of 31 days for any year.

4.6 As per clause 11A of schedule 10 of the Local Government Act 1974, Council placed a notification in Our Nelson on 10 July 2019 to notify of its intention to close these roads and inviting feedback until 2 August 2019. The advertisement was also placed on the council website and over 400 letters (Attachment 2) delivered to directly affected residents and businesses.

4.7 The Bay Dreams traffic management co-ordinator has confirmed that all Hathaway Court residents received a feedback letter in their letterbox.

4.8 Previously, several businesses in Wakatu Square signalled their concern around the proposed Square closure for the 2019 event on the basis that this would affect their business trading as the closure was set to commence at 9am. As a result of this feedback, the closure was approved for a later start time of 5:30pm for the 2019 event and this will be repeated again in 2020.

4.9 United Video raised concern as they operate beyond 5:30pm. The Bay Dreams traffic management co-ordinator has since met with United Video and shared the proposed traffic management plans with them. They have indicated that they are happy that access to their customers will be maintained from 5:30pm until 9pm.

4.10 The other businesses in the Square do not operate past 5:30pm on a Saturday.

4.11 Of the 400 letters delivered and the notification in Our Nelson inviting the public to provide feedback, Council received four responses. The response from United Video is detailed in 4.9 above, with the other three responses detailed below. All concerns raised will be addressed/accommodated as a part of the traffic management plan.

4.11.1 Access to The Sails Nelson during closure times

· This will be accommodated via traffic management staff at the Collingwood/Wainui Street intersection when safe to do so.

4.11.2 One resident’s access to Monro Way for private appointment

· Access will be accommodated by traffic management staff at the Collingwood/Elliot Street intersection when safe to do so.

4.11.3 Confirmation of the use of Wainui Street and concern regarding people moving traffic cones.

· Once details of the road closures and traffic management plans are confirmed, Council officers will update this customer regarding the use of Wainui Street.

4.12 Bay Dreams have applied to close Trafalgar Street from Bridge Street to Halifax Street from 9am (this section was not closed for the 2019 event) to create a safe area for Bay Dreams attendees disembarking from the bus and walking to the venue. Last year there were issues with the public walking on the roadway creating a safety risk. This area would also provide more opportunity for toilets and bins. If this section of road closure is approved this would only be used if it is deemed the safest option by the traffic management supervisor and will be keep to a minimum where possible. The proposed closure of this section (from 9am) was advertised in the public notifications and no feedback was received. Council officers recommend only closing this section from 8pm as per the recommendation from Police.

4.13 Consents required for this event are being managed by other teams within council. Insurance requirements will be managed under the contract between Bay Dreams South Ltd and Council.

4.14 Council officers are satisfied that the road closure will not unreasonably impede traffic, the extent and duration is limited and there were minimal issues raised regarding traffic management last year. Council officers recommend that this application be approved.

5. Options

5.1 The Hearings Panel - Other has three options:

5.1.1 Approve the road closure application as per the application received from the applicant.

5.1.2 Approve the road closure application amending the length of time Trafalgar Street from Bridge Street to Halifax Street is closed as detailed in item 4.12.

5.1.3 Decline the temporary road closure application for Bay Dreams 2020.

5.2 Officers recommend approving the temporary road closures for this event, amending the length of time Trafalgar Street from Bridge Street to Halifax Street is closed, as detailed in point 4.12.

Author: Melissa Ramsay, Roading Network Coordinator

Attachments

Attachment 1: Temporary Road Closure Map - Bay Dreams 2020 - A2079322 ⇩

Attachment 2: Temporary Road Closure Letter - Bay Dreams 2020 - A2219959 ⇩

Important considerations for decision making

1. Fit with Purpose of Local Government

The following are applicable:

• The Local Government Act 1974, Schedule 10, Temporary Prohibition of Traffic;

• The Local Government Act 2002, Clause 78, Community Views in Relation to Decisions.

The temporary road closures fit with the purpose of local government.

2. Consistency with Community Outcomes and Council Policy

This event contribute to our community outcomes by assisting our community to celebrate their identity and community.

3. Risk

If the temporary road closures are not approved, this community event is at risk of not going ahead.

4. Financial impact

There is no financial impact to Council for these road closures.

5. Degree of significance and level of engagement

6. Inclusion of Māori in the decision making process

No engagement with Māori has been undertaken in preparing this report.

7. Delegations

The Hearings Panel - Other has the following delegations to consider temporary road closures:

Functions:

Item 9: Objection to Classification of three dogs as menacing - Adam Schwass - Dogs' names: Chip, Storm and Meg.

Hearings Panel - Other

5 September 2019

REPORT R10438

Objection to Classification of three dogs as menacing - Adam Schwass - Dogs' names: Chip, Storm and Meg.

1. Purpose of Report

1.1 To decide on an objection to the classification of three dogs as menacing pursuant to section 33A of the Dog Control Act 1996.

2. Summary

2.1 Adam Christopher Schwass owns three female hunting dogs. Chip is a 10 year old Greyhound cross, Storm a one year old Greyhound cross and Meg is also a one year old Greyhound cross.

2.2 While out hunting, the three dogs ran off the land where they were legally hunting and onto a private farm where they attacked a goat. The goat later died of injuries received.

2.3 As a result of the attack, Nelson City Council Officers classified all three dogs as menacing pursuant to Section 33A of the Dog Control Act 1996.

2.4 Adam Schwass has objected to the classification.

3. Recommendation

That the Hearings Panel - Other

2. Dismisses the objection of Adam Schwass; and

3. Upholds the classification of the Dogs - Chip, Storm and Meg as menacing.

4. Background

4.1 Apart from having not registered his three dogs prior to this incident, Nelson City Council is not aware of any previous dog control history involving aggression or attacks by Chip, Storm or Meg.

5. Discussion

Circumstances of the attack

5.1 On Sunday 9 June 2019, at about 7.30am Adam was hunting lawfully with two friends and his three dogs Chip, Storm and Meg on a rural block of land next to 136 Lud Valley Road, Nelson.

5.2 His dogs located a domestic goat belonging to Bevan Somervell, owner and occupier of 136 Lud Valley Road.

5.3 The dogs gave chase and outdistanced their owner and his two friends. They were unable to call the dogs back. The goat was chased by the three dogs, off the block of land they had been hunting and onto 136 Lud Valley Road to a holding pen on the complainant’s property. Adam did not have authority to hunt on this property.

5.4 On hearing the goat screaming, the owner investigated and found all three dogs attached to his goat in his stock pen. (Attachment 2).

5.5 With the help of his wife, Mr Somervell eventually got the dogs off the goat and tied them up. All three dogs had the goat’s blood on them, which was photographed by Mr Somervell.

5.6 A short time later Adam Schwass, the owner of the dogs, arrived and after words were exchanged, was given the complainant’s phone to ring his father.

5.7 Nelson City Council was called, a Dog Control Officer attended and seized the three dogs.

5.8 The goat, named Teddy received wounds to all four legs and his abdomen and died the following day from the injuries received in the attack.

5.9 Adam Schwass admitted that one of his dogs was involved in the attack on the goat saying that Storm had nipped the goat but the other two were on the peripheries of the incident.

5.10 The owner of the goat, Bevan Somervell states that all three dogs were involved in the attack. He saw all three dogs attacking his goat and all three dogs had blood on them.

5.11 When interviewed on 10 June 2019, in explanation Adam Schwass said he had been hunting with two friends and his three dogs, Chip, Storm and Meg on a block of land he had permission to hunt in. (Attachment 3).

5.12 Having been unsuccessful, they headed up a creek with the dogs in sight to a ridge where they saw a white goat. His dog Meg chased the goat and the other two dogs followed. They were still on the block they had permission to be in at this stage, about 150 metres from the complainant’s property.

5.13 The dogs stopped the goat and one dog (Storm) had “nipped” it. The goat ran off and onto the complainant’s property through an open gate with all three dogs following. Adam followed but was some distance behind and lost sight of the goat and his dogs.

5.14 On his arrival at the stock yard the goat owner had already caught all three dogs and tied them up. He was very angry. Adam had seen the goat and saw holes and puncture wounds in its rear right leg. Adam told his friends to return to their Ute and go home. The goat owner loaned Adam his cell phone to call his father who arrived a short time later.

5.15 In an Affidavit, the owner of the goat, Bevan Somervell said he had been at home on that day and at around 7.30am he heard the sound of an animal “screaming” in pain. He went to his holding pen on his property and found one of his goats (Teddy) down on the ground inside the pen with three dogs attacking the goat, tugging at his back end.

5.16 Bevan yelled at the dogs to get off the goat but when this was unsuccessful he struck the primary attacking dog once across the rump with a wooden slasher handle he had taken with him. The dogs released the goat and with help from his wife, Bevan caught all three dogs and tied them to his yard fence.

5.17 Mr Somervell said all three dogs had been involved in the attack and all three had blood on them. The goat, Teddy, died from his injuries the next night.

5.18 Mr Somervell said his wife had returned from a run only 10 minutes earlier, via the forestry access at the top of their property and had passed all five of their goats near the middle of their 11 hectare property.

5.19 After consideration of all the facts, on 18 June 2019 Adam Schwass was advised via formal Notice of Classification that his dogs Chip, Storm and Meg had been classified as menacing. (Attachment 4)

5.20 On 30 June 2019, Council received an objection with photographs via e-mail from Adam Schwass appealing all three menacing classifications. (Attachment 5)

Legislation around classification of a dog as menacing

5.21 Section 33A of the Dog Control Act 1996 provides for a dog to be classified as menacing if the territorial authority considers that the dog may pose a threat to any person, stock, poultry, domestic animal, or protected wildlife because of observed or reported behaviour of the dog. (Attachment 1)

5.22 Section 33B of the Dog Control Act 1996 provides a right to the owner of a dog classified as menacing to object to the classification and be heard in support of the objection.

5.23 Section 33B(2) outlines that the territorial authority considering an objection may uphold or rescind the classification, and in making its determination must have regard to:

(a) The evidence which formed the basis for the classification; and

(b) Any steps taken by the owner to prevent any threat to the safety of persons or animals; and

(d) Any other relevant matters.

5.24 Section 33B(3) outlines that the territorial authority must, as soon as practicable, give written notice to the owner of-

(a) Its determination of the objection; and

(b) The reasons for its determination.

5.25 Section 33E of the Dog Control Act requires that if a dog is classified as menacing, the following must be complied with:

(a) The owner must not allow the dog to be at large or in any public place or private way, without being confined completely within a vehicle or cage, or without being muzzled in such a manner as to prevent the dog from biting but to allow it to breathe and drink without obstruction.

(b) If required by the territorial authority the dog must be neutered.

Note the Nelson City Council Dog Control Policy requires that all dogs classified as menacing are neutered.

The Evidence which formed the basis for the Classification

5.26 On the morning of Sunday 9 June 2019, a domestic pet goat named Teddy was attacked by three hunting dogs in a stock pen on his owner’s property. Teddy later died from injuries received in the attack.

5.27 It was established that the dogs responsible for the attack were named Chip, Storm and Meg, owned by Adam Christopher Schwass.

5.27.1 The attack, on private land was witnessed by the land owner and owner of the goat that was attacked.

5.27.2 Adam Schwass, owner of the three dogs, said his dogs had first found the goat on a block of land he had permission to hunt in and when the goat ran off his dogs had followed through open gates to the next property and had acted in the way they were trained.

5.27.3 When spoken with again by telephone on 17 June 2019, Bevan Somervell said the dogs were "deep inside his land when they caught and killed his goat. The boys were ages - minutes - behind the dogs. His wife had not long before run up past the goats and saw them on their land - not on any other land. The dogs were well off the land they were authorised to be on”.

5.27.4 An aerial photograph of the Somervell property, which shares a boundary with the property Schwass was hunting on shows the distance from the boundary to where the goat was attacked in its pen. The distance is 134 metres. (Attachment 6)

5.28 Steps taken by dog owner to prevent any threat to the safety of persons or animals

5.28.1 Adam Schwass has apologised to the owner of the goat and offered to pay any vet costs.

5.28.2 He has had his dogs returned to him and has them housed in dog motels (cage) with padlocks on the doors.

5.28.3 He has agreed that when exercising his dogs he will do so separately with the dogs muzzled.

5.28.4 He has made enquiries via e-mail with the Department of Conservation for Kiwi avoidance training for his dogs.

5.29 Matters relied on in support of the objection

5.29.1 In his objection, Adam Schwass feels the classification of his dogs Chip, Storm and Meg as menacing is unjustified as they were only doing what they set out to do that morning – hunt pigs or goats on a private hunting block.

5.29.2 He submits the goat had been found in the area they were hunting in but because the owner of the goat does not have adequate fencing for his livestock the goat was free to come and go on the block in which he was hunting.

5.29.3 He admits the goat was chased from the hunting area down and onto the property at which it lived but attributes blame not on his dogs, but on the owner of the goat. The goat was not contained on the property which had inadequate gates and fencing and a lack of maintenance. He supplied photographs which show open gates.

5.29.4 Adam submits that, should the menacing classification be upheld, then all hunting dogs in New Zealand would also fall into this category.

5.29.5 He submits his dogs were only doing exactly what they had been trained to do.

5.29.6 He asserts that the goat had no identifying tags and looked like a wild goat, like many seen in the hunting block.

5.29.7 He has apologised to the owner of the goat and offered to pay medical (vets) costs but believes the owner has a responsibility as if he had provided the goat with proper and fit fencing the goat would not have been in the hunting area and his dogs would not have been “unfairly classified”.

5.29.8 He submits that he has been fined for not having control of his dogs, which he describes as “fair” but that to have classified his dogs as menacing is unfair, describing this as “one step too far and too heavy handed”.

5.29.9 Adam suggests the way forward is to educate and not punish. He says he did everything correctly on the day. He suggests the situation could have been avoided if the land owner and owner of the goat “had taken and shown some proper ownership.”

5.30 Any other relevant matters

5.30.1 There are no other relevant matters.

6. Options

Option 1: The Objection be Dismissed (Recommended Option)
Advantages	· This will result in all three dogs, Chip, Storm and Meg being legally required to wear a muzzle whenever out in public. They will also be required to be neutered. This will reduce the risk of people, other dogs and animals being attacked and injured should another aggression incident occur.
Risks and Disadvantages	· This may have a negative impact on life activities the dogs Chip, Storm, Meg and their owner enjoys.
Option 2: The Objection be Upheld
Advantages	· Chip, Storm and Meg will not legally be required to wear a muzzle in public or be neutered.
Risks and Disadvantages	· This will increase the risk of other animals being attacked and injured if Chip, Storm and Meg were to again become aggressive.

7. Conclusion

7.1 The behaviour of the three dogs, Chip, Storm and Meg on 9 June 2019 shows they do behave in an aggressive manner and are a risk to other stock and animals.

7.2 There is a difference of opinion between the evidence of the dog owner, Adam Schwass and the land owner Bevan Somervell regarding the quality of fencing and if the gates were open or closed. There is a conflict in the evidence of Adam Schwass who asserts the goat was first found by his dogs on land he was lawfully entitled to be hunting on and Bevan Somervell, who is sure the goat was on his land as it had been seen by his wife, well inside his property a short time before the attack.

7.3 It is considered that in order to reduce the risk of an attack on other animals, stock or a member of the public that Chip, Storm and Meg should be muzzled whenever in a public place. A menacing classification is the lowest level of classification and requires the use of a muzzle when in public. A muzzle would not be required when hunting with the dogs on private land.

7.4 It is recommended that the objection be dismissed and the classification of Chip, Storm and Meg as menacing dogs be upheld.

Author: Brian Wood, Team Leader Regulatory (Environmental Inspections)

Attachments

Attachment 1: A2134555 Dog Control Act 1996 Sections 33A and 33B ⇩

Attachment 2: A2230249 Bevan Somervell Affidavit and photos ⇩

Attachment 3: A2236087 Adam Schwass - Statement ⇩

Attachment 4: A2230257 Adam Schwass Classification Papers for dogs Chip Storm Meg ⇩

Attachment 5: A2217554 Adam Schwass Objection to menancing classification of dogs Chip Storm and Meg ⇩

Attachment 6: A2236473 136 Lud Valley Rd Somervell Property ⇩

Important considerations for decision making

1. Fit with Purpose of Local Government

The regulatory functions are to be performed in a manner that is most cost effective for households and businesses. The Dog Control Act 1996 provisions are being applied appropriately to minimise the public risk.

2. Consistency with Community Outcomes and Council Policy

The recommendation aligns with the Council’s Dog Control Policy by having regard to the need to minimise the danger, distress and nuisance to the community caused by dogs and/or by non-compliant owners.

3. Risk

Council has obligations under the Dog Control Act 1996 to follow the correct legal process.

There is also a risk to the community from future incidents.

4. Financial impact

There is no Financial impact for Council.

5. Degree of significance and level of engagement

The recommendations outlined in this report are not considered significant in terms of Council’s Significance and Engagement Policy.

6. Inclusion of Māori in the decision making process

No engagement with Māori has been undertaken in preparing this report.

7. Delegations

The Hearings Panel – Other has the following delegations to hear and determine objections to the classifications of dogs and all other procedural matters for which a right of objection and hearing is provided for under the Dog Control Act 1996; and to recommend changes to the Council’s Dog Control Policy and the Dog Control Bylaw.