1. 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.
2. Membership:
·
All elected members aside from the Mayor, in
rotation. Each Hearing Panel will be made up of three members.
·
The Chair of each Panel will be an elected
member who has previously completed the ‘Making Good Decisions’
course.
·
Each Hearings Panel will include no more than
one elected member in their first triennium of Council
·
The Group Manager Environmental Management
may appoint one or more Independent Commissioners to either assist the Hearing
Panel 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.
3. 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
·
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.
Present: Councillors
A Stallard (Chairperson), M Benge and M Courtney
In
Attendance: Acting Chief Executive (A Louverdis), Group
Manager Environmental Management (M Bishop), Team Leader Governance (R Byrne)
and Governance Adviser (A Bryce)
Apologies : Nil
Karakia
and Mihi Timatanga
1. Apologies
No apologies were received.
2. Confirmation of
Order of Business
There was no change to the order
of business.
3. Interests
There were no updates to the
Interests Register, and no interests with items on the agenda were declared.
4. Public Forum
4.1. Ngāti Tama - Supporting
their recommendations of names for the unnamed road off of Cable Bay Road
Document number R28759
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Dayveen Stephens, Environmental Manager, Ngāti Tama
and Andrew Stephens, Ngāti Tama, spoke about their
recommendations of names for the unnamed road off of Cable Bay Road presented
to Nelson City Council for consideration, including origins and
cultural significance for the names “Hawaiki” or
“Rotokura”. They also raised the importance of having more
visibility of the cultural history in the local area.
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4.2. Residents from Unnamed Road
Supporting their recommendation of a name for the unnamed road off Cable Bay
Road
Document number R28773
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Kevin Woodward, Lachlan Banks and Peter Ruffell, spoke on
behalf of the residents of the unnamed road off Cable Bay Road, in support of
the name Drumduan or Thorndale and discussed their heritage and the
significance of the names they presented.
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5. Confirmation of
Minutes
5.1 26
July 2024
Document number M20669, agenda
pages 6 - 8 refer.
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Resolved HEA/2024/017
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That the Hearing Panel
1. Confirms
the minutes of the meeting of the Hearing Panel, held on 26 July 2024, as a
true and correct record.
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Benge/Courtney Carried
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6. Naming an existing
unnamed public road
Document number R28764, agenda
pages 9 - 19 refer.
Group Manager Environmental
Management, Mandy Bishop, and Team Leader Transport Activity Management, Lyndon
Hammond, took the report as read and answered questions on the names compliance
with the principles/criteria from the 2008 Draft Road Naming Policy and New
Zealand standards.
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Resolved HEA/2024/018
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That
the Hearing Panel
1. Receives the report
Naming an existing unnamed public road (R28764) and its Attachments (756385493-55287, 756385493-55288,
756385493-55272 and 756385493-55273); and
2. Approves
the name Hawaiki Lane for the road shown on the plan in Attachment 1 - Map
showing unnamed Nelson City Council public road (756385493-55287).
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Courtney/Benge Carried
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7. Traffic and Parking
Bylaw Updates
Document number R28693, agenda
pages 20 - 38 refer.
Acting Chief Executive, Alec
Louverdis, Team Leader Transport Activity Management, Lyndon Hammond, and Safe
and Sustainable Transport Adviser, Gina Persico, took the report as read and
provided an update noting that since the agenda publication two affected
parties had provided feedback against the exclusive park for the Mayoral vehicle.
They answered questions on the current Nelson City Council Civic House rear car
entry concerns and other carpark options/loading alternatives.
During discussion on the location
of the exclusive park for the Mayoral vehicle, members requested further
options be considered, in particular Wakatu carpark.
Councillor Courtney, seconded by
Councillor Stallard moved an amended officers motion, which did not allocate an
exclusive carpark but requested a further report on this matter.
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Resolved HEA/2024/019
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That
the Hearing Panel
1. Receives the report Traffic and Parking Bylaw Updates (R28693)
and its attachments (1355221503-28045, 1355221503-28077, 1355221503-28050,
1355221503-28065, 1355221503-28068, 1355221503-28072, 1355221503-28049,
1355221503-28076, 1355221503-28063 and 1355221503-28078); and
2. Approves
Restricting Parking on certain roads as described in Report 28693 4.2 –
4.7 and shown in the accompanying attachments;
and
3. Approves
Reserved Mobility Parking described in Report 28693 4.9 and shown in
accompanying attachments; and
4. Requests
officers report back on alternative options for a location for an exclusive
park for the Mayoral vehicle, including Wakatu Square; and
5. Approves Time Restricted
Parking Zones as described in Report 28693 4.13-4.14 and shown in the
accompanying attachments; and
6. Approves
Vehicle and Road Use as described in Report 28693 4.16 and shown in the
accompanying attachments.
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Courtney/Stallard Carried
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8. Temporary Road
Closures - Nelson Arts Festival, Christmas Carols and New Years Eve Safety and Event
Document number R28691, agenda
pages 39 - 55 refer.
Team Leader Transport Activity
Management, Lyndon Hammond, and Contracts Supervisor, Gillian Dancey, took the
report as read and answered questions on route changes and approval
notifications to residents.
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Resolved HEA/2024/020
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That
the Hearing Panel
1. Receives the report
Temporary Road Closures - Nelson Arts Festival, Christmas Carols and New
Years Eve Safety and Event (R28691)
and its attachments (340448201-6417, 1355221503-27311, 340448201-5448,
1355221503-27206, 340448201-5449 and 1355221503-27207); and
2. Approves
the temporary road closure as per report R28691 for the Nelson Arts Festival
between Thursday 31 October 2024 to Saturday 02 November 2024; and
3. Approves
the temporary road closure as per report R28691 for the Christmas Carols on
Tuesday 24 December 2024; and
4. Approves
the temporary road closure as per report R28691 for the New Years Eve Safety
and Event between Tuesday 31 December 2024 and Wednesday 01 January 2025.
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Stallard/Benge Carried
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Karakia
Whakamutanga
There being no further business the meeting ended at 10.26a.m.
Confirmed as a correct record of proceedings by
resolution on (date)
Item 6: Sanitarium
Weet-Bix Kids TRYathlon and The Spectacle - Additional Closures
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Hearing Panel
18 October 2024
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Report
Title: Sanitarium
Weet-Bix Kids TRYathlon and The Spectacle - Additional Closures
Report
Author: Gillian Dancey -
Contracts Supervisor - Roading
Report
Authoriser: Alec Louverdis - Deputy Chief Executive / Group
Manager Infrastructure
Report
Number: R28750
1. Purpose
of Report
1.1 To approve or decline
the temporary road closure application for the Sanitarium Weet-Bix Kids
TRYathlon on Sunday 9 March 2025.
2. Recommendation
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That the
Hearing Panel
1. Receives the report Sanitarium Weet-Bix Kids
TRYathlon and The Spectacle - Additional Closures (R28750) and its Attachments; and
2. Approves
the Temporary Road Closures as per report R28750 for the Sanitarium Weet-Bix
Kids TRYathlon on 9 March 2025; and
3. Approves
the Temporary Road Closures as per report R28750 for The Spectacle –
Additional Closures on 14 and 15 of December 2024.
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3. Background
3.1 These closures are for
events, and therefore fit the requirements of Schedule 10 Clause 11(e) of the
Local Government Act 1974 which come to the Hearings Panel for approval.
3.2 It is a requirement
that consultation with Waka Kotahi (New Zealand Transport Agency) is undertaken
to temporarily close any road under Schedule 10 Clause 11 of the Local
Government Act 1974. Nelson City Council (NCC) and Waka Kotahi have an
agreement whereby specific consultation is only required if the closure affects
the State Highway or their assigned detour routes.
4. Sanitarium
Weet-Bix Kids TRYathlon
4.1 Council officers
received an application on 15 August 2024 from Nelson Marlborough Traffic
Management to close the following roads between 6.30am and 1.30pm on Sunday 9
March 2025, and as shown in Attachment 1.
4.1.1 Tahunanui Recreation Reserve
4.1.2 Beach Road from approximately no. 21
Beach Road to Golf Road
4.1.3 Golf Road from Beach Road to Parkers
Road
4.1.4 Hounsell Circle
4.1.5 Waikare Street
4.1.6 Bisley Walk
4.1.7 Centennial Road
4.1.8 Green Street – from Roto Street
to Golf Road
4.2 The Sanitarium
Weet-bix Kids TRYathlon is an annual event designed for children to stay active
and healthy through participating in a TRYathlon that consists of swimming,
cycling and running. This event has been running since 1992.
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 Consultation with NZTA
has been undertaken due to this event having an impact on the State Highway
and/or its detour routes. NZTA has given their approval for this event.
4.5 Consultation with the
Police has been undertaken and they have given their approval for this event.
4.6 As per clause 11A of
schedule 10 of the Local Government Act 1974, Council placed a notification in
Our Nelson on 11 September 2024 to notify of the applicant’s intention to
close these roads and inviting feedback by 25 September 2024. The advertisement
was also placed on the Council website, and a hand delivered letter by the
applicant was delivered to directly affected businesses/residents (Attachment
2). No feedback from the public was received.
4.7 Evidence of public
liability insurance has been provided. Other consent requirements will be
managed by other teams within Council, if any.
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.
4.9 If approved, a minimum
of 24 hours’ notice will be provided to affected businesses and
residences.
4.10 In the event that this event gets
cancelled, the closures will not proceed, and this will be publicly notified.
5. The Spectacle
– Additional Closures
5.1 Council officers
received an application on 16 August 2024 from Wilsons Traffic Management, on
the behalf of Matthews Eyecare, to add additional changes to an already
approved road closure specifically to add in another road closure on Saturday
14 and Sunday 15 December 2024, as shown in Attachment 3. The already approved
closures are in Attachment 6.
5.2 The additional changes
are as follows:
5.2.1 Selwyn Place – from Trafalgar
Square West to Collingwood Street, including the Church Steps and the
intersection with Sussex Street from the previous closure time of 3:00 pm
– 10:00 pm, and have extended to 12.00 am Sunday 15 December 2024.
This extension is to ease
pressure off removing and packing up the band’s equipment afterwards.
5.2.2 A new road closure of Trafalgar Square
West – between Trafalgar Square and Nile Street West Saturday 7.00 am
Saturday 14 December to 4:00 pm Sunday 15 December 2024.
This road closure is for the
Trail run finish line and Expo areas, see Attachment 5.
5.3 The Spectacle is a running event that includes adventure
and road racing. The adventure racing starts up the Maitai Valley and the road
races are in the centre of town. The inner-city races finish at the base of the
Cawthron Steps in front of the Church Cathedral and all trail races finish
along Trafalgar Square West.
5.4 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.
5.5 Consultation with NZTA
has not been undertaken due to this event not having any impact on the State
Highway or its detour routes.
5.6 Consultation with the
Police has been undertaken and they have given their approval for this event.
5.7 As per clause 11A of
schedule 10 of the Local Government Act 1974, Council placed a notification in
Our Nelson on 11 September 2024 to notify of the applicant’s intention to
close these roads and inviting feedback by 25 September 2024. The advertisement
was also placed on the Council website, an email notification was undertaken,
and a hand delivered letter by the applicant was delivered to directly affected
businesses/residents (Attachment 4).
5.8 Feedback was received
as detailed below:
5.8.1 Approval has been given from The
Rutherford Hotel in support of this event, see Attachment 7.
5.8.2 Approval has been given from Flame
daisy in support of this event.
5.8.3 One businesses feedback was in
relation to access for parking while the event is running. Access can be
arranged with the traffic management provider, or the business will make
alternative parking arrangements; they have yet to decide what they will do.
5.9 Evidence of public
liability insurance has been provided. Other consent requirements will be
managed by other teams within Council, if any.
5.10 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.
5.11 If approved, a minimum of 24
hours’ notice will be provided to affected businesses and residences.
5.12 In the event that this event gets
cancelled, the closures will not proceed, and this will be publicly notified.
6. Options
6.1 Council has two
options, either to approve or decline the temporary road closure application.
Officers recommend approving the temporary road closures for this event.
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Advantages
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· Allows for
the event to proceed as planned.
· Brings an
event for children into Nelson and the City Centre.
· Public
Safety.
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Risks and Disadvantages
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· Some retail
activity may be affected by road closures.
· Risks of
overcrowding and problems for drivers on the roads.
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Advantages
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· No
disruption to roads and access to retailers.
· Some
retailers will feel heard regarding the concerns about access for shoppers.
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Risks and Disadvantages
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· Event
organisers will have to cancel, postpone, or move the event.
· A missed
opportunity to bring vibrancy into the city centre and Nelson.
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7. Next Steps
7.1 If the recommendations
are approved approval letters will be sent to the organisers of the event,
NCC’s website will be updated, and all Emergency Services and key
stakeholders will be emailed the update on the road closures.
Attachments
Attachment 1: MAP
- Sanitarium Weet-Bix TRYathlon ⇩
Attachment 2: Letter
Drop - Sanitarium Weet-Bix Kids TRYathlon 2025 ⇩
Attachment 3: MAP
- The Spectacle - additional closures ⇩
Attachment 4: Letter
Drop - The Spectacle - Additional Closures ⇩
Attachment 5: The
Spectacle - Start and Finish Map ⇩
Attachment 6: Letter
Drop - The Spectacle ⇩
Attachment 7: Feedback
- The Spectacle - Additional Closure ⇩
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Important considerations for decision making
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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.
This temporary road closure fits with the purpose of
local government.
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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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Risk
If the temporary road closure is not approved, the
event is at risk of not going ahead.
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Financial impact
There is no financial impact for Council for these
road closures.
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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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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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Inclusion of Māori in the
decision making process
No engagement with Māori has been undertaken in
preparing this report.
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Legal
context
Council’s
decision must be made in accordance with Part 6 of the Local Government
Act 2002.
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Delegations
The Hearing Panel 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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Notice of the Ordinary meeting of
