KOMITI HANGANGA | Infrastructure and Regulatory Committee
15 November 2021
Order Paper for the meeting to be held in the
Council Chambers, 2nd Floor, 30 Laings Road, Lower Hutt,
on:
Monday 22 November 2021 commencing at 2.00pm
The meeting will be held under Alert Level 2.
Membership
Cr D Hislop (Chair) |
|
Mayor C Barry |
Cr G Barratt |
Cr K Brown |
Cr B Dyer |
Cr A Mitchell (Deputy Chair) |
Cr N Shaw |
Cr L Sutton |
|
For the dates and times of Council Meetings please visit www.huttcity.govt.nz
Have your say
You can speak under public comment to items on the agenda to the Mayor and Councillors at this meeting. Please let us know by noon the working day before the meeting. You can do this by emailing DemocraticServicesTeam@huttcity.govt.nz or calling the Democratic Services Team on 04 570 6666 | 0800 HUTT CITY
![]() |
OVERVIEW:
This is an operationally focused committee, overseeing Council’s above and below ground core infrastructure needs, and core regulatory functions.
The Committee is aligned with the Economy & Development, and Environment & Sustainability, Directorates.
Its areas of focus are:
§ Three waters infrastructure
§ Roading/transport
§ Infrastructure strategy
§ Integrated transport strategy
§ Wharves
§ Environmental consents
§ Regulatory functions including enforcement
PURPOSE:
To deliver quality infrastructure to support healthy and sustainable living, providing efficient and safe transport options, and promoting the city’s prosperity.
To consider matters relating to the regulatory and quasi-judicial responsibilities of the Council under Council’s bylaws and relevant legislation including the following:
§ Building Act 2004
§ Dog Control Act 1996
§ Fencing of Swimming Pools Act 1987
§ Local Government Act 1974
§ Local Government Act 2002
§ Public Works Act 1981
§ Reserves Act 1977
§ Resource Management Act 1991
§ Sale and Supply of Alcohol Act 2012
DELEGATIONS FOR THE COMMITTEE’S AREAS OF FOCUS:
§ All powers necessary to perform the Committee’s responsibilities including the activities outlined below.
§ Develop required strategies and policies. Recommend draft and final versions to Council for adoption where they have a city-wide or strategic focus.
§ Implement, monitor and review strategies and policies.
§ Oversee the implementation of major projects provided for in the LTP or Annual Plan.
§ Oversee budgetary decisions provided for in the LTP or Annual Plan.
§ Oversee the development and implementation of plans and functions that promote economic wellbeing.
§ Maintain an overview of work programmes carried out by the Council’s Economy & Development Directorate.
§ Undertake the administration of all statutory functions, powers and duties other than those specifically delegated to any other committee or subcommittee, or retained by Council.
§ Conduct any consultation processes required on infrastructure issues before the Committee.
§ Approval and forwarding of submissions.
§ Any other matters delegated to the Committee by Council in accordance with approved policies and bylaws.
§ The committee has the powers to perform the responsibilities of another committee where it is necessary to make a decision prior to the next meeting of that other committee. When exercised, the report/minutes of the meeting require a resolution noting that the committee has performed the responsibilities of another committee and the reason/s.
§ If a policy or project relates primarily to the responsibilities of the Infrastructure & Regulatory Committee, but aspects require additional decisions by the Communities Committee and/or Climate Change & Sustainability Committee, then the Infrastructure & Regulatory Committee has the powers to make associated decisions on behalf of those other committees. For the avoidance of doubt, this means that matters do not need to be taken to more than one of those committees for decisions.
Additional Infrastructure Delegations:
§ Determine roading issues considered by the Mayor and Chief Executive to be strategic due to their significance on a city-wide basis, including links to the State Highway, or where their effects cross ward or community boundaries.
§ Hear objections to specified traffic matters where the community board wishes to take an advocacy role.
§ Make decisions under Clause 11(e) of the Tenth Schedule of the Local Government Act 1974 and the Transport (Vehicular Traffic Road Closure) Regulations 1965 in respect of temporary road closures, including making decisions on any ancillary matters including, without limitation, approval of temporary “No Stopping” restrictions under Hutt City Council Traffic Bylaw 2017.
Additional Regulatory Delegations:
§ Conduct statutory hearings on regulatory matters and make decisions on those hearings2, excluding those conducted under the Resource Management Act 1991, which are delegated to the Hearings Subcommittee and District Plan Hearings Subcommittee.
§ Authorise the submission of appeals to the Environment Court on behalf of Council.
§ Recommend to Council the list of members approved to be members of the District Licensing Committee under section 192 of the Sale and Supply of Alcohol Act 2012.
Delegations to make Appointments:
§ The Chair of the Infrastructure & Regulatory Committee, in conjunction with the Chief Executive, is authorised to appoint a subcommittee of suitably qualified persons to conduct hearings on behalf of the Committee.
§ The Chair of the Infrastructure & Regulatory Committee, in conjunction with the Chief Executive, is authorised to appoint a Hearings Subcommittee of suitably qualified persons to conduct resource consent and related hearings on behalf of the Committee.
§ The Chair of the Infrastructure & Regulatory Committee is authorised to appoint three people from the list prepared under the Sale and Supply of Alcohol Act 2012 to specific meetings (Chair and two members).
The Ministry for the Environment advocates that Councils offer specialist RMA training in areas of law which are difficult to grasp or where mistakes are commonly made. This is to complement the Good Decision Making RMA training that they run (which is an overview and basic summary of decision making, rather than an in-depth training in specific areas of the RMA). Therefore in order to facilitate this, the RMA training run for councillors that wish to be hearings commissioners is mandatory.
Reasons for the importance of the training:
1. Hearings commissioners are kept abreast of developments in the legislation.
2. Legal and technical errors that have been made previously are avoided (many of which have resulted in Environment Court action which is costly, time consuming and often creates unrealistic expectations for the community).
3. The reputation of Council as good and fair decision makers or judges (rather than legislators) is upheld.
1 When acting in this capacity the committee has a quasi-judicial role.
HUTT CITY COUNCIL
Komiti Hanganga | Infrastructure and Regulatory Committee
Meeting to be held in the Council Chambers, 2nd Floor, 30 Laings Road, Lower Hutt on
Monday 22 November 2021 commencing at 2.00pm.
ORDER PAPER
Public Business
1. APOLOGIES
2. PUBLIC COMMENT
Generally up to 30 minutes is set aside for public comment (three minutes per speaker on items appearing on the agenda). Speakers may be asked questions on the matters they raise.
3. CONFLICT OF INTEREST DECLARATIONS
Members are reminded of the need to be vigilant to stand aside from decision making when a conflict arises between their role as a member and any private or other external interest they might have.
4. PROPOSED TEMPORARY ROAD CLOSURE – AVENUE FROM JANUARY – APRIL 2022
A report to be seperately circulated.
5. Information Items
a) Three Waters Update (21/1818)
Report No. IARCC2021/5/142 by the Strategic Advisor 8
Chair’s Recommendation:
“That the recommendation contained in the report be endorsed.” |
b) Street Names Approved by Community Boards (21/1859)
Memorandum dated 3 November 2021 by the Traffic Engineer - Network Operations 14
Chair’s Recommendation:
“That the recommendation contained in the memorandum be endorsed.” |
c) Regulatory Matters (21/1806)
Report No. IARCC2021/5/143 by the Head of Regulatory Services 18
Chair’s Recommendation:
“That the recommendation contained in the report be endorsed.” |
d) Infrastructure and Regulatory Committee Work Programme (21/1623)
Report No. IARCC2021/5/144 by the Democracy Advisor 41
Chair’s Recommendation:
“That the recommendation contained in the report be endorsed.” |
6. QUESTIONS
With reference to section 32 of Standing Orders, before putting a question a member shall endeavour to obtain the information. Questions shall be concise and in writing and handed to the Chair prior to the commencement of the meeting.
Toi Lealofi
Infrastructure and
Regulatory Committee
01 November 2021
File: (21/1818)
Report no: IARCC2021/5/142
Three Waters Update
Purpose of Report
1. This report provides an update on Three Waters activities including the capital works programme and specific operating work programmes of interest.
That the Committee receives the report and notes its contents. |
Background
2. Wellington Water Limited (WWL) provides Council with regular updates on capital and operating projects and programmes currently funded. These are summarised in the following paragraphs.
2021/22 Capex Programme
3. The total programmed budget for 2021/22 for the three waters is $38.6M including carry-overs. At the Council briefing on 18 August 2021, WWL indicated that it would be aiming to deliver the capital works programme across the region on a stepped-up basis over the next three years, noting that investment in three waters infrastructure by Councils across the region had increased significantly. WWL has planned to increase resources on a graduated basis and review delivery processes to help meet this challenge. The following table shows the programme uplift across the three-year period.
4. At the end of October 2022 WWL has forecast an underspend for the year of $9.1M, with a total forecast spend of $29.5M. This is lower than the previously reported $31M being the midpoint in the predicted spend range of $28M-$34M, following a review of risks and mitigations to the programme.
5. The actual year to date result is 29% below budget with a total actual spend of $4.8M against a budget of $6.7M. The brief COVID lockdown period experienced in August had an impact on the programme with all physical works ceasing during that period.
6. The following tables shows the actual spend compared to budget for both the renewals programme and major projects, (mainly Barber Grove to Seaview WWTP Wastewater trunk Main). In both instances the bulk of the capital spend is programmed to occur in the second half of the financial year.
7. The Barber Grove to Seaview WWTP Wastewater Trunk Main project revised estimate, following final design completion, has increased by $3.5M to $25.5M. This estimate has been peer reviewed by an independent third-party cost consultant. WWL is satisfied that it is in line with current market costs. The additional costs will fall into next financial year with WWL looking at options on how it can manage the project within the existing budget envelope.
Critical Assets Assessments
8. Attached as Appendix 1 to the report is a summary of the results of work done to date on assessing very high criticality assets (VHCA). The attachment shows the progress of the assessments in two stages being desktop and physical inspection. All desktop inspections have been completed.
9. Essentially
there has been little change since last reported. WWL advise that the physical
inspection of wastewater pressure pipelines has been put on hold while
technical considerations around use of alternative technologies are
resolved. The physical inspections of wastewater and stormwater pipes,
with 138 kilometres to inspect, are behind programme and not expected to be
completed until the end of the financial year. The physical inspections
of other asset groups have been completed or are almost complete. At this time
no issues that require immediate action have been discovered.
Knowing Your Pipes Programme
10. The knowing your pipes programme is continuing in the Wainuiomata catchment. The drainage investigation team is continuing its inspections in sub-catchments 14, 15 and 17.
11. To date 58 laterals have been inspected using CCTV with 96 remaining to be inspected. A contractor has been engaged to assist the team with these inspections and will start in November. With this support, the team will be able to focus on reviewing the CCTV footage for faults on both the public and private side of the laterals.
12. The first private fault notice was issued by Council to trial the notification system. The letter was hand delivered to the resident to better enable opportunity for dialogue and to answer any questions. With the team able to focus on CCTV review, more faults will be notified in through November.
Climate Change Impact and Considerations
13. This report focuses on the current WWL capital work programme for which Council has previously made decisions as part of consideration of the Long Term Plan on Climate Change considerations. These programmes focus on ensuring the efficiency of our critical resources, which aids in community resilience and reduces waste of resources.
Financial Considerations
14. The Capex budget is likely to be underspent at year end in line with WWL advice.
No. |
Title |
Page |
1⇩ |
Appendix 1: VHC Condition Assessment Summary |
12 |
Author: Bruce Hodgins
Strategic Advisor
Approved By: Helen Oram
Director Environment and Sustainability
TO: Chair and Members
Infrastructure and Regulatory Committee
FROM: Charles Agate
DATE: 03 November 2021
SUBJECT: Street Names Approved by Community Boards
That the Committee receives and notes the contents of the memorandum. |
Purpose of Memorandum
1. This memorandum is to provide the Committee visibility over recent street names approved by the Community Boards.
Background
2. Council Officers were requested by a Committee Member if they could report back to the Committee on street names approved by local Community Boards in the latest round prior to the Committee sitting. This would allow Committee members oversight on the names chosen by the Boards.
3. At its meeting held on Monday 1 November 2021, the
Petone Community Board approved the following Private Street Name for the
subdivision located at 38 Tyndall Street, Waiwhetū (attached as appendix 1
to the report):
Rātō Rise - The existing house located at 36 Tyndall Street
was called ‘Rātō’and belonged to Harry Miles Hayward
(d.1953), whom Hayward's Reserve is named after. The house later served as the
Rosena Girls' Hostel. It still stands today at the end of Tyndall Street; the
driveway roundabout having become part of the road. The new private road will
run along the southern side of the property, and the developer has taken
inspiration from this.
4. At its meeting held on Wednesday 3 November 2021, the Wainuiomata Community Board approved the following Private Street Name for the subdivision located at 196b Wise Street, Wainuiomata (attached as appendix 2 to the report):
Tauhou Lane - Tauhou is the Māori name for the silvereye or wax eye native bird which can be found in the bush areas around Wainuiomata. Tauhou literally translates into “New Arrival”, which also nicely describes the recent new uprising of Wainuiomata as a great place to live.
No. |
Title |
Page |
1⇩ |
Appendix 1 - Aerial 38 Tyndall Street - St Naming Plan Layout |
16 |
2⇩ |
Appendix 2 - Aerial 196B Wise Street - St Naming Plan |
17 |
Author: Charles Agate
Traffic Engineer - Network Operations
Reviewed By: Bob Hu
Traffic Engineering Manager
Approved By: Jon Kingsbury
Head of Transport
1 22 November 2021
Infrastructure and Regulatory Committee
28 October 2021
File: (21/1806)
Report no: IARCC2021/5/143
Regulatory Matters
Purpose of Report
1. To provide the Committee with an update of regulatory matters arising from the work of the Environment and Sustainability Group.
That the Committee receives and notes the information. |
Background
2. The report covers the regulatory activities associated with the teams in the Environment and Sustainability Group. In particular, the Regulatory Services and Resource Consents teams.
3. Relevant consents data is attached as Appendix 1 to the report.
4. The Regulatory Services team process applications under the Food Act, the Sale and Supply of Alcohol Act and the Building Act (building consents, liquor and food licenses and District Licensing reports), trade waste applications, bylaws, animal services, and parking services.
5. The Resource Consents team processes consent applications under the Resource Management Act.
6. Environmental Health services are provided for Upper Hutt as well as Lower Hutt.
7. Animal Services are provided for Wellington as well as Lower Hutt.
Resource Consents Team
8. We have had a record year for resource consent applications. Total applications received to date this year is 557. This is compared to 475 (2020), 450 (2019). The previous highest number of applications was during remissions year where we received 530 by 31 December 2018.
9. In September we issued 32 consents and in September we received 35 consents. In October we received 43 resource consents and issued 26 resource consents.
10. There are currently compounding issues in the resource consents space which means we have a large volume of applications, which has caused delays in processing. The change in Development Contributions Policy resulted in an influx of applications, alongside Plan Change 43 encouraging higher density in the city. Despite using planning and subdivisions contractors to process resource consent applications alongside our own staff, we are unable to keep up with processing the number of applications within statutory timeframes.
11. Resource consents over statutory timeframes: of the resource consent applications mentioned above, four in September and nine applications were issued beyond the statutory timeframe of 20 working days.
12. These are subdivision resource consent applications.
13. Riverlink: On 20 October 2021, Council issued a decision to allow the applications for Riverlink to be directly referred to the Environment Court. The applicant requested this due to the nature of the submissions and managing the risk of appeal which could result in a prolonged consenting process. Consent information is available online here: https://haveyoursay.gw.govt.nz/riverlink-consent
14. Notable resource consents lodged:
· 71 Raukawa Street, Stokes Valley (15 dwellings)
· 4 Ferry Road, Days Bay (10 dwellings)
· 41- 43 Collingwood Street (12 dwellings)
· 342 Waiwhetu Road (24 dwellings)
· 112 Richmond Street, Petone (9 dwellings)
· Bell Road wastewater pipeline replacement
· 19 Seaview Road, Seaview (40 unit Business Park)
· 178 Knights Road, Hutt Central (7 dwellings)
15. Recently granted resource consents:
· 323 Riverside Drive – 14 townhouses
· 25 Main Road – 12 townhouses
· 5 Milne Crescent - 16 townhouses
· 79 Marsden Street – Childcare facility for up to 80 children
· Earthworks consent for Naenae pool
· 5 Macky Street, Taita – 29 townhouses
· 564 High Street, Boulcott – 11 houses
· 25 Bush Street, Naenae – 9 houses
· 6 Bertram Grove, Naenae - 13 townhouses
· 7 Westminster Road, Wainuiomata – 8 houses
· 58 Walters Street Avalon – 21 townhouses
· 26A Marina Grove, Hutt Central – 12 townhouses.
· Wainuiomata Cleanfill
All the latest compliance related information is now available online here http://www.huttcity.govt.nz/Services/Rubbish-and-recycling/cleanfill/
· No complaints were received during September and October 2021.
· Acoustic Engineering Services (AES) were employed by the consent holder, to undertake noise monitoring on 24 September and 30 September 2021. This report was peer-reviewed by Marshal Day on behalf of the regulator and determined that there was a 3dB breach of the noise limits at 199 Coast Road. The consent holder has been advised of breach and is required to take steps to prevent it recurring.
Building Consents
17. There were 272 building consent applications received in September and October 2021. The total value of work received was $103M which is an increase of 30% for the same period last year.
18. The table below shows the comparison between the number of building consents received and the total value of work over the last three years for the same period.
Year |
Number of consents |
Total value of work |
September and October 2021 |
272 |
$103,796,554 |
September and October 2020 |
301 |
$79,310,082 |
September and October 2019 |
300 |
$69,658,664 |
19. The high value of work shown in the table above illustrates the increase in complexity of building consents received in recent times.
20. Part of the reason the total number of applications is lower, is because there has also been a noticeable increase in building consents for multiple dwellings on one site. Where previously applicants have applied for separate building consents for each building, we are now commonly seeing one building consent application for the entire development.
21. There continues to be a nationwide shortage of skilled building officers needed to respond to the growing demand for complex building consents. We are using consultants to deal with the overflow of building consents and inspections. The capacity of consultants is variable in this tight market.
22. As a result, we have seen statutory timeframes for building consents and code compliance certificates exceeded during September and October 2021. A total of nine building consents and 15 code compliance certificates were issued in excess of the 20 working days timeframe.
23. The building team continues to work on improvements to complement our building consent processes. One of these projects is to create an improved digital consenting framework for processing consents and carrying out inspections.
24. In October 2021 pilots were launched that focused on vetting, processing, and inspections. The outcomes and findings from the pilots are being assessed and improvements imbedded into our processes.
25. Due to a change in the building code in November 2019 relating to liquefaction prone ground, the learnings from the Canterbury earthquakes, and subsequent recommendations made by the Royal Commission of Inquiry, Council is required to review our regional liquefaction hazard information and local seismicity. The process is now well underway to meet our 29 November 2021 deadline.
26. A new tiny house guidance document was recently released by the Ministry of Business Innovation and Employment (MBIE) around rules and requirements that need to be considered before building a tiny house.
27. Although there have been no legislative or regulatory changes made. This guidance has been created to help people understand the current requirements for tiny houses. MBIE has developed this guidance in consultation with a tiny house stakeholder group to support a consistent approach to issuing building consents for tiny houses across each region of New Zealand.
28. The guidance aligns with a recent determination that was made by MBIE that supported Hutt Council’s enforcement approach to a tiny house built in Taita in 2020. The document can be found at this website link below: https://www.building.govt.nz/assets/Uploads/getting-started/tiny-houses/tiny-houses-guidance-mbie.pdf
Notable Building Consents Received
· Multi-residential development; Main Road, Wainuiomata - 8 units in total (Lots 1 - 8). $1.58M
· Railway workshops plant; New workshop within the existing Woburn depot - plant and equipment installation. $1.26M
· Commercial structural seismic strengthening; 81 The Esplanade, Petone - base build, new stair/lift core and fire escape stairs. $1.1M
Recent consents approved for seismic strengthening:
· 155 Waterloo Road - seismic strengthening of old fire station and conversion to apartments
· Callaghan Innovation; 69 Gracefield Road – GIQ Library Building - Seismic strengthening of building, internal fit out. $14.5M
Environmental Health Team
Alcohol Licensing
Granting and Issuing of Licenses
29. As previously reported, on 16 April 2020 Parliament passed an immediate modification order, extending the timeframes within which agencies must report on all applications.
30. That order has again been amended further,
extending the time frame for reporting by agencies to 30 working days after 19
December 2021, being
29 February 2022.
31. New licence applications are potentially most affected by this, as the District Licensing Committee is unable to grant and issue any licences without a report from the agencies. Those wishing to renew their licence can continue to operate until such time as their application is determined. So far this has had no impact on any premises, with no reports outstanding thus far.
Food
32. There are currently 60 verifications that are overdue in Lower Hutt, up from 44 as last reported. There are 27 overdue verifications at Upper Hutt, up from 15. This is primarily due to the period during the COVID lockdown, when verifications were unable to be carried out. The team is working steadily through the backlog and making good progress.
Litter
33. Illegal dumping has been varied in the last quarter. Since the introduction of the new kerb-side system and the rise in landfill fees, the majority of illegal dumping has been furniture and large items which would not fit into bins.
34. However, in the last month or so there has been an increase in dumping of bags containing refuse. Fines have been issued where sufficient evidence is found as to the offender.
35. The old recycling station sites have been quiet, with very little dumping occurring. Alicetown is the most active site and still gets some dumping every now and then. The dumping at Moores Valley, Coast Road and Hebden Crescent sites have been quieter than usual over the last couple of months, although they do still experience regular illegal dumping.
36. Keep New Zealand Beautiful week unfortunately, but understandably has had almost no attendance from schools this year. Sustainable Coastlines has begun their litter audits at Petone beach and Council’s Environmental Investigations and Council officers plan to engage with members of the community to further discuss future co-operation in these activities and events.
37. The dedicated community groups are continuing to clean areas routinely. They are seeing an increase in litter in areas Petone beach as weather gets better and more people are spending time outside.
Trade Waste
38. The trade waste team are continuing to manage their workload well. A proposal has been put to Wellington Water Limited for an Inflow Project (stormwater entering sewer) in Maungaraki. However, this is yet to be confirmed.
Parking Services
39. During September and October the parking team issued a total of 4,337 infringements, at an average of 2,168 a month and $104 per ticket.
40. There have been several parking related complaints in the CBD, particularly related to building contractors occupying parking spaces for extended periods. Officers have responded and issued infringements where there have been breaches. However it continues to be a growing concern for business owners.
41. There is currently a review being undertaken of the kerbside management policy (previously known as the parking policy) and feedback has been provided by the parking team relating to the parking issues experienced in the CBD.
Animal Services
42. The full registration fee is now in place, which is $206.40 for an entire dog and $170.00 for a desexed dog.
43. We currently have 9,252 (92%) registered dogs in Lower Hutt and staff are working steadily to follow up on the remaining 827 (8%) unregistered dogs. Penalties for any dog not registered is a $300 infringement fine and/or seizure of the dog.
44. There has been a big uptake from dog owners on the offer of a payment plan over four weeks. Providing this alternative has allowed those facing financial difficulties a means to have their dogs registered that they may not have done previously.
45. Three animal control officers are covering the whole of Hutt City’s operational workload as we recruit for two vacancies. Responding to complaints and following up on unregistered dogs is stretching the team’s capacity at present.
46. Recruitment is underway for the two vacant positions with interviews currently taking place. We are expecting to have new staff onboard by the end of the year.
Climate Change Impact and Considerations
47. Work is happening to ensure the next round of dog registration letters and invoices are sent to owners via email rather than on paper through the mail, which has traditionally been the case.
48. As vehicles come up for renewal in the Regulatory Services department, preference for an electrically powered vehicle is always considered as a priority.
Consultation
49. There are no consultation considerations.
Legal Considerations
50. There are no legal considerations.
Financial Considerations
51. There are no financial considerations.
No. |
Title |
Page |
1⇩ |
Appendix 1: Regulatory Services graphs at the end of October 2021 |
26 |
Author: Derek Kerite
Head of Regulatory Services
Approved By: Helen Oram
Director Environment and Sustainability
Infrastructure and Regulatory Committee
06 October 2021
File: (21/1623)
Report no: IARCC2021/5/144
Infrastructure and Regulatory Committee Work Programme
That the work programme be noted and received. |
No. |
Title |
Page |
1⇩ |
Appendix 1: Infrastructure and Regulatory work programme - November 2021 |
42 |
Author: Toi Lealofi
Democracy Advisor
Approved By: Kathryn Stannard