Notice of the ordinary meeting of the
Hearings Panel - Other
Rōpū Rongonga – Aha atu anō
Agenda
Rārangi take
Chair Cr Tim Skinner
Members Cr Yvonne Bowater
Cr
Matt Lawrey
Pat
Dougherty
Chief
Executive
Nelson
City Council Disclaimer
Please
note that the contents of these Council and Committee Agendas have yet to be
considered by Council and officer recommendations may be altered or changed by
the Council in the process of making the formal Council decision.
Hearings
Panel – Other
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.
Membership:
All elected members aside from the
Mayor, in rotation. Each Hearings Panel-Other will be made up of three
members.
The Group Manager Environmental
Management may appoint one or more Independent Commissioners to either assist
the Hearings Panel - Other or to hear and determine any particular application,
such as when Council or a Council-Controlled Organisation or Council-Controlled
Trading Organisation is (or could be perceived to be) an interested party,
other than applications made for temporary road closure under Schedule 10
Clause 11(e) of the Local Government Act 1974.
Powers to
Decide:
The power to appoint a panel to hear
and determine with any other consent authority any application requiring a
joint hearing
The power to hear and recommend
appropriate actions from hearings of designations and heritage orders
The power to hear, consider and
attempt to resolve contested road stopping procedures
The power to consider and determine
applications for temporary road closures made under Schedule 10 Clause 11(e) of
the Local Government Act 1974
The power to hear and determine all
matters arising from the administration of the Building Act 1991, and the
Building Act 2004
The power to hear and determine
objections to the classification of dogs, and all other procedural matters for
which a right of objection and hearing is provided for under the Dog Control
Act, 1996
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, aside from those impacted by the Naming Rights and Sponsorship
Policy for Community Services Facilities
The power to provide advice to
applicants on appropriate names for private roads, rights of way or other legal
forms of private access to property
The power to make changes to the
schedules to the Parking and Vehicle Control Bylaw that do not require public
consultation
The power to hear submissions and
recommendations on proposed changes to the schedules to the Parking and Vehicle
Control Bylaw requiring public consultation
The power to administer the administering
body functions under section 48 of the Reserves Act 1977 on proposed rights of
way and other easements on reserves vested in Council
Item 5: Temporary Road
Closures - Summer Challenge Womens Adventure Race 2021 and School Road Safety
Demonstrations
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Hearings Panel - Other
9 February 2021
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REPORT R22505
Temporary
Road Closures - Summer Challenge Womens Adventure Race 2021 and School Road
Safety Demonstrations
1. Purpose
of Report
1.1 To approve the temporary road
closure application for the Summer Challenge Adventure Race on 13 March 2021
and School Road Safety Demonstrations from 8 March to 11 March 2021.
2. Recommendation
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That the Hearings Panel - Other
1. Receives
the report Temporary Road Closures - Summer Challenge Womens Adventure Race
2021 and School Road Safety Demonstrations
(R22505) and its
attachments (A2514871, A2515268, A2561764, A2561765, A2561766, A2561767,
A2561768 and A2561769); and
2. Approves the temporary road closure
for the Summer Challenge Womens Adventure Race on 13 March 2021; and
3. Approves the temporary road closure
for the School Road Safety Demonstrations from 8 March to 11
March 2021.
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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 It
is a requirement that consultation with Waka Kotahi (WK) is undertaken to
temporarily close any road under Schedule 10 Clause 11 of the Local Government
Act 1974. Nelson City Council (NCC) and WK have an agreement whereby specific
consultation is only required if the closure affects the state highway or its
assigned detour routes.
4. Summer
Challenge Womens Adventure Race 2021
4.1 Council
officers received an application on 11 November 2020 from Ten Events Ltd to
close the roads listed below on 13 March 2021 from 9am to 9pm as shown in
Attachment 1. The Summer Challenge Womens Adventure Race is a Women’s
only adventure race which includes kayaking, mountain biking and hiking.
The closure is to facilitate a finish line for the adventure race.
· Trafalgar Square – from Trafalgar Square East to
Trafalgar Square West, including the Church Steps.
4.2 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.
4.3 Consultation
with WK has not been undertaken due to this event not having any impact on the
State Highway or its detour routes.
4.4 Consultation
with Police has been undertaken and they have given their approval for this
event.
4.5 As
per clause 11A of schedule 10 of the Local Government Act 1974, Council placed
a notification in Our Nelson on 25 November 2020 to notify of the
applicant’s intention to close these roads and inviting feedback by 9
December 2020. The advertisement was also placed on the Council website, an
email notification was undertaken and a hand
delivered letter drop was undertaken to directly affected businesses/residents
(Attachment 2). No feedback from the public was
received.
4.6 No
noise consent is required for this event and evidence of public liability
insurance has been provided.
4.7 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.
4.8 If
approved, a minimum of 24 hours’ notice will be provided to affected
businesses and residences.
4.9 In
the event that the event gets cancelled due to, for example COVID-19
restrictions, the closures will not proceed and this will be publically notified.
5. School
Road Safety Demonstrations
5.1 Council
officers received an application on 20 January 2021 from Nelson City Council to
close the roads at the times and dates listed below as shown in Attachments 3,
4, 5, 6, 7 and 8. The School Road Safety Demonstrations are community
demonstrations that are focused on the impact of speed around pedestrians,
especially schools. Professional drivers display the difference in
stopping distances at certain speeds. Costs of demonstrations are met by
existing road safety education budgets.
· Nile Street - from Collingwood Street to Alton Street,
8am to 4pm Thursday 11 March 2021.
· Norwich Street – from Leicester Street to
Leicester Street, 8am to 4pm Tuesday 9 March 2021
· Ranui Street – from Titoki Street to Main Road
Stoke, 12pm to 4pm Wednesday 10 March 2021.
· Rui Street – from Muritai Street to Tahunanui
Drive, 8am to 1pm Wednesday 10 March 2021.
· Tipahi Street - Tukuka Street to Motueka Street, 8am
to 1pm Monday 8 March 2021.
· Totara Street - St Vincent Street to Vanguard Street,
12pm to 4pm Monday 8 March 2021.
5.2 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.
5.3 Consultation
with WK has been undertaken for the road closure on Rui Street and they have
given their approval for this event.
5.4 Consultation
with Police has been undertaken and they have given their approval for this
event.
5.5 As
per clause 11A of schedule 10 of the Local Government Act 1974, Council placed
a notification in Our Nelson on 27 January 2021 to notify of the
applicant’s intention to close these roads and inviting feedback by 10
February 2021. The advertisement was also placed on the Council website and a
hand delivered letter drop was undertaken to directly affected
businesses/residents (Attachment 3, 4, 5, 6, 7 and 8). Feedback is currently pending, and will be presented to the
Hearings Panel – Other if received.
5.6 No
noise consent is required for this event and evidence of public liability
insurance has been provided.
5.7 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.
5.8 If
approved, a minimum of 24 hours’ notice will be provided to affected
businesses and residences.
5.9 In
the event that the event gets cancelled due to, for example COVID-19
restrictions, the closures will not proceed and this will be publically notified.
6. Options
6.1 The
Hearings Panel - Other has two options, either to approve or decline the
temporary road closure application. Officers recommend approving the temporary
road closure for these events.
Author: Gillian
Dancey, Contracts Supervisor - Roading
Attachments
Attachment 1: A2514871
- MAP - Summer Challenge Womens Adventure Race 2021 ⇩
Attachment 2: A2515268
- Road Closure Letter - Summer Challenge Womens Adventure Race 2021 ⇩
Attachment 3: A2561764
- Road Closure - Letter Drop - School Road Safety Demonstrations - Nile St ⇩
Attachment 4: A2561765
- Road Closure - Letter Drop - School Road Safety Demonstrations - Norwich St ⇩
Attachment 5: A2561766
- Road Closure - Letter Drop - School Road Safety Demonstrations - Ranui St ⇩
Attachment 6: A2561767
- Road Closure - Letter Drop - School Road Safety Demonstrations - Rui St ⇩
Attachment 7: A2561768
- Road Closure - Letter Drop - School Road Safety Demonstrations - Tiphai St ⇩
Attachment 8: A2561769
- Road Closure - Letter Drop - School Road Safety Demonstrations - Totara
Street ⇩
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Important considerations for decision making
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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.
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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.
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3. Risk
If the temporary road closure is not approved, this
community events are at risk of not going ahead.
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4. Financial
impact
There is no financial impact for Council for this
road closure.
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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.
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6. Climate
Impact
This decision will have no impact on the ability of
the Council or District to proactively respond to the impacts of climate change
now or in the future.
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7. Inclusion
of Māori in the decision making process
No engagement with Māori has been undertaken in
preparing this report.
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8. 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.
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