Ordinary Meeting

of the

Judicial Committee

 

 

Date                                   30 January 2014

Time                                   09:00

Venue                      Council Chamber
                                           515 Mackay Street
                                           Thames

 

 

Members

Chairperson                   MK McLean JP

Members                         PA Brljevich

                                           LA Fox

                                           DR Connors

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Marion Smith

Community Environment Manager

Community Environment GROUP


 

Members of Judicial Committee

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Full order paper and appendices are available on the TCDC website:
www.tcdc.govt.nz/Council/Meetings-and-Minutes/Committees

 

 


Table of Contents

Item Business                                                                                                           Page No.

1          Meeting Conduct 4

1.1      Apologies  4

1.2      Public Forum   4

1.3      Items not on the Agenda  4

1.4      Conflict of Interest 4

1.5      January 2014 - Judicial Committee Action Schedule  5

2          Development Contributions  31

2.1      1 July 2013-31 December 2013 - Exemptions and Waivers of Development Contributions  31

3          Regulatory Group Reports  35

3.1      November/December 2013 - Regulatory Group Report 35

3.2      November/December 2013 - Building Control Report 51

3.3      Application for Special Exemption to the Fencing of Swimming Pools Act
1987 - 104A Barrowclough Road Whangamata
  57

4          Planning Group Reports  69

4.1      December 2013 - Planning Monthly Report 69

4.2      January 2014 - Judicial Committee Action Schedule  75

5          Members Reports  77

6          Public Excluded  79

6.1     28 November 2013 - PUBLIC EXCLUDED - Minutes for Confirmation                      81

6.2     January 2013 - PUBLIC EXCLUDED Action Schedule                                               87

6.3     LIM & Financial Contribution Issues - 506 & 508 Rolleston Street, Thames                 89

 


1    Meeting Conduct

In accordance with the Local Authorities (Members' Interests) Act 1968, members are reminded to declare an interest in items in which they have a direct or indirect pecuniary interest. In such circumstances, members are required to abstain from discussion and voting and ensure that the declaration is recorded in the Minutes of the meeting.

1.1 Apologies

The Chairperson invites notice from members of:

 

1.       Leave of absence for future meetings of the Judicial Committee; or

2.       Apologies, including apologies for lateness and early departure from the meeting, where leave of absence has not previously been granted.

1.2 Public Forum

A period of up to 30 minutes is set aside for the public to raise matters falling within the terms of reference of the meeting.  Each speaker may speak for three minutes but time extensions may be allowed on a vote of not less than 75% of members present at the meeting.  Questions from members for information or clarification may be permitted by the Chairperson (Standing Orders Appendix F).

 

1.3 Items not on the Agenda

The Chairperson will give notice of items not on the agenda as follows:

Matters Requiring Urgent Attention as Determined by Resolution of the Judicial Committee

1.       The reason why the item is not on the agenda; and

2.       The reason why discussion of the item cannot be delayed until a subsequent meeting.

Minor Matters relating to the General Business of the Judicial Committee

No resolution, decision, or recommendation may be made in respect of the item except to refer it to a subsequent meeting of the Judicial Committee for further discussion.

1.4 Conflict of Interest

The Chairperson invites notice from members of:

 

1.       Any interests that may create a conflict with their role as an elected member relating to the agenda item(s) for the meeting; and

2.       Any interests in items in which they have a direct or indirect pecuniary interest as provided for in the Local Authorities (Members’ Interests) Act 1968.


 

 

1.5     January 2014 - Judicial Committee Action Schedule

TO                                 Judicial Committee

FROM                           Erin Berry - Committee Advisor - Governance

DATE                             13 January 2014

SUBJECT                       28 November 2013 - Judicial Committee Minutes for Confirmation

 

 

1       Purpose of Report

As per Council's Standing Orders, the Judicial Committee must confirm the Minutes of its previous meeting.

 

2       Suggested Resolution(s)

That the Judicial Committee:

1.      Receives the report.

2.      Confirms the following Judicial Committee Minutes:

28 November 2013 - Judicial Committee Minutes

 

References-Tabled/Agenda Attachments

Attachment A    28 November 2013 - Judicial Committee Minutes


Attachment A

 

 

2    Development Contributions

2.1     1 July 2013-31 December 2013 - Exemptions and Waivers of Development Contributions

 

TO                                 Judicial Committee

FROM                           Vanessa Cooling - Financial Policy Analyst

DATE                             6 January 2014

SUBJECT                       Waivers and Reductions of Development Contributions July–December 2013

 

 

1       Purpose of Report

This report provides a summary of waivers and reductions of development contributions granted from 1 July 2013 to 31 December 2013 for the Committee's information.

 

2       Background

Part 3.9 of the Development Contributions Policy provides for the Council to grant reductions or waivers of development contributions in certain circumstances, particularly where the works proposed will not increase demand on Council service infrastructure; will reduce the need for the Council to carry out works or purchase land; or where the Council considers 'there is a fair and reasonable justification for doing so and this results in a significant public benefit'.

 

Waivers that are granted on the grounds that works do not increase demand on Council infrastructure do not need to be funded from elsewhere, as in granting the waiver on this basis the Council has effectively determined that there is no cost to recover. This type of waiver can be called a 'no cost waiver'.

 

Waivers granted in special circumstances, such as public benefit, require funding from elsewhere. In these cases, while the activity does generate a demand on infrastructure, in granting a waiver the Council has determined that the applicant need not pay the costs their activity incurs. These could be called 'subsidised waivers', because the cost is effectively being borne by the ratepayer.  In these instances, the Council must determine which activity should fund the contributions in place of the applicant.

 

Waivers may be determined by the Judicial Committee or by the Chief Executive under delegated authority.


 

3       Discussion

Waivers or reductions of development contributions for the period July–December 2013 are summarised below.

 

No cost waivers

Consent

Date of waiver

DCs assessed incl GST

DCs waived

Comment

Waived by

SUB/2012/83 Coromandel Business Park

25/7/2013

$113,759.73

$12,332.64

15 lot subdivision - DCs on  solid waste and stormwater waived as negligible demand on infrastructure. 50% waiver of parks and reserves contributions in recognition of vested land.

Judicial Committee

ABA/2013/431

R J Bax

9/7/2013

$7,619.98

$7,619.98

Farm Building (dairy effluent storage tank) - negligible demand on infrastructure

Chief Executive

RMA/2013/104

Ansky Holdings

29/7/2013

$23,153.76

$17,210.05

Storage Sheds - negligible demand on Council's water and wastewater infrastructure

Chief Executive

ABA/2013/553

M J Edens

26/8/2013

$455.80

$455.80

Farm Building (4 bay farm shed) - negligible demand on Council's infrastructure

Chief Executive

RMA/2011/107

Thames Valley Motorcycle Club

29/8/2013

$701.60

$495.33

Waiver of water and wastewater - not connected

Judicial Committee

RMA/2013/106

F H Blackie

29/8/2013

$208.50

$208.50

Special assessment  (cabin at the Kuaotunu Campground) - waived as legally established.

Judicial Committee

ABA/2013/648

S C Walker Limited

11/9/2013

$506.45

$506.45

Farm Building (re-site existing implement shed) - negligible demand on infrastructure

Chief Executive

RMA/2013/180

Coastwood Homes

4/11/2013

$25,652.59

$27,068.92

Show Homes - All DCs waived on display area. DCs waived on water and wastewater DCs for shed as not connected.

Chief Executive

ABA/2013/784

F W Bedford

7/11/2013

$188.96

$188.96

Farm Building (3 bay farm storage shed) - negligible demand on infrastructure

Chief Executive

RMA/2013/221

Hauraki District Council

25/11/13

$15.09

$15.09

Public Toilet Facility for Hauraki Rail Trail - uneconomical to collect

Chief Executive

RMA/2013/109

Maison Design

25/11/2013

$12,779.66

$10,121.19

Storage Sheds - negligible demand on Council's water and wastewater infrastructure

Chief Executive

ABA 2013/823

M P Coombe

6/12/2013

$428.74

$428.74

Farm Building (3 bay farm shed) - negligible demand on Council's infrastructure

Chief Executive

ABA/2013/853

D C Darling

6/12/2013

$1,306.62

$1,306.62

Farm Building (3 bay farm shed) - negligible demand on Council's infrastructure

Chief Executive

ABA/2013/854

Tuitahi Farms Ltd

2/12/2013

$24,492.76

$24,492.76

Farm Building (dairy effluent storage tank) - negligible demand on infrastructure

Chief Executive

 

Subsidised waivers

Nil this period

 

4       Suggested Resolution(s)

That the Judicial Committee:

1.      Receives the report.

 


 


 

3    Regulatory Group Reports

3.1 November/December 2013 - Regulatory Group Report

 

TO                                 Judicial Committee

FROM                           Marion Smith - Group Manager Community Environment

DATE                             06 January 2014

SUBJECT                       Community Environment Group Monthly Report for November and December 2013

 

 

 

1       Purpose of Report

This paper reports on key activities within Community Environment Group for the months of November and December 2013.

 

2       Discussion

 

Planning Investigations

 

Planning

 

September

Investigations commenced

1

Noise compliant regarding a new pump at Lost Spring

Investigations Completed

0

 

Current RMA Investigations

111

 

 

October

 Investigations commenced

3

Pauanui - please investigate sign of Coromandel FM if this requires resource consent. (waiting for District wide review)

Doc and freedom camping at Port Charles, reserve

Owner of this property has recently concreted a portion of his driveway and now all the stormwater from the driveway is running onto neighbour's property.

Investigations Completed

0

 

Current RMA Investigations

114

 

 

November

Investigations commenced

0

 

Investigations Completed

1

Noise compliant regarding a new pump at Lost Spring

Current RMA Investigations

114

 

 

December

Investigations commenced

1

There are a group of car enthusiasts in the building next to the Bella Street pump house that rev up their cars all day long 7 days a week

Under advisement from Andrea Elgie neighbour would like to pre-empt construction of a non-complying access way - believes the driveway won't meet site distance requirements on SH and distance between vehicle crossings and possibly earthworks and gradient standards, also concerns regarding changes to watercourses and stormwater runoff onto neighbouring properties.  Construction has not started yet but property owner has notified adjacent properties that work is due to start. (6 months)

Investigations Completed

2

Owner of this property has recently concreted a portion of his driveway and now all the stormwater from the driveway is running onto neighbour's property.

Doc and freedom camping at Port Charles, reserve

Current RMA Investigations

113

 

 

We are working through older Investigations and have found that a number need to change from an investigation to a file note on the property file. This is to make sure small issues will show up on any LIM reports.

 

Homestead Lane

Glen Matheson has been investigating stormwater issues at Homestead Lane and found from what he had researched is that there was an open stormwater drain which flowed from the ROW across the site of the proposed subdivision. A 300dia pipe was required to take the capacity of that drain. The pipe was installed but the commissioning of the pipe appears to have been overlooked.

 

When the certificate of title was researched it appears Council has no easements for TCDC regarding stormwater infrastructure over any of the stage 2 properties. The sewage easement is on Lot 8 whereas the 300dia stormwater pipe is over lot 20, so even if the memorandum of easements on the DP stated stormwater as the purpose it would not correct the situation

 


 

Planning Monitoring

 

Requests for Service

 

 

Compliance and Regulation

 

Levels of Service for Compliance and Regulation - November/December 2013

 

The Compliance Team had a steady work flow during the initial two months of summer dealing with 1096 incidents while preparing for the influx of visitors including several thousand additional dogs to our district, implementing two new pay and display projects in Mercury Bay and installing new beach access/bylaws signs.

 

The target of achieving zero unregistered dogs on our database by the end of November was achieved for the first time in Councils history. The number of dogs registered was also at an all record high which was a direct result of officers targeting properties for unknown dogs and support from the TCDC Communications Team ensuring the message was delivered that Council had a zero tolerance for unregistered dogs.

 

An investigation regarding a serious dog attack in November on a postal worker in Thames has been completed and concluded in a recommendation to the TCDC legal team that the offender be prosecuted under section 57 of the Dog Control Act 1996. While the dog owner surrendered the dog for destruction the attack was significant resulting in several admissions to hospital for the victim who still cannot work. A conviction would send a clear message to the public that dog attacks may result in a prosecution. In Thames there has been a noticeable increase in dogs rushing or attacking postal workers and 5 dog attacks on people were reported in November in the district.

 

Throughout the eastern seaboard there has been a significant improvement with dogs not being taken on beaches during prohibited times. The harder line taken on this issue in the past at problem areas such as Matarangi, Buffalo Beach, Wharekaho, Hahei and Whangamata is achieving its goal. In the past officers gave verbal warning to offenders and no database of warnings issued was maintained. Dog owners could therefore receive multiple warnings with no consequences. There were complaints received at Otama from one resident who called and sent text messages requesting additional monitoring. Despite a media report to the contrary officers responded immediately and additional patrols were scheduled resulting in one dog being impounded, as well as four infringements issued and also four warnings issued.

 

An additional temporary part-time Compliance Officer was employed in November to assist the team through to late April 2014. He is based in Tairua, undertakes day time patrols on the eastern seaboard and covers after hours five nights a week. The officer has shown a high degree of suitability to the role and the position ensures officers are not working excessively long hours during the busy period.

 

Pay and Display - Hot Water Beach

 

The implementation of the Hot Water Beach "Pay & Display" was completed on target and on budget ready for the summer influx of visitors on December 2nd 2013. Despite two initial incidents of vandalism of wiring (pre instalment) once surveillance cameras were installed there were no further incidents reported. The machine is achieving its goal to generate revenue for tourism infrastructure in Mercury Bay with a steady flow of tickets being purchased during the day and in the early evening.

 

There has been one malfunction occur where the coin box locked and coins jammed the receiving tubes resulting in compliance staff spending five hours trying to fix the fault. An issue with fluctuating Vodafone coverage required to generate credit card transactions has meant some credit cards are not able to be processed. Currently Compliance Officers are assisting with the changeover of the coin box and delivery of it to the Whitianga office for banking. This unexpected service is taking officers away from their core duties.  Collection of money is generally the role of a Security Company.

 

Two parking patrols a day 7 days a week are being undertaken in the Hot Water Beach car park during December and January. Compliance in the car park has remained steady with the majority of vehicles displaying permits.

 


 

Whitianga Boat Ramp Permit Parking

 

This project was completed on time with signage, permits and the honesty box system     installed and ready by December 16th 2013. The feedback over the summer season was very positive with minimal complaints from boaties about the new requirement to purchase a permit to park in designated areas. This was in total contrast to when the system was introduced in 2009.

 

Patrols are undertaken several times a day in the car park December / January ensuring trailers or tow vehicles display the permit and cars without trailers were not parking in the trailer park area. Compliance was generally high with most drivers displaying permits. The honesty system received significant use with no abuse of the system being reported.

 

Freedom Camping

 

Compliance Officers undertook patrols throughout the district 7 days a week from December 26th with patrols focusing on early morning visits to discover if campers were still sleeping within vehicles and when they were still freedom camping within prohibited areas.

 

A security company was contracted to undertake evening freedom camping patrols between 9:00pm - 10:00pm in the Thames area during December / January on weekends but these are to be discontinued as the level of detection is lower than expected. The security guards report that compliance was high in the evenings and most illegal campers arrived later in the evening.

 

Compliance was consistent with previous years but it was observed that a majority of the offenders were young overseas visitors rather than the New Zealand car campers over the summer peak period. This resulted in a higher number of infringements being issued for non-compliance and a lower number of warnings issued.

 

Complaints regarding non-compliance at the permitted sites designated for certified self-contained campers at Beach Road, Whangamata and Purangi Reserve, Cooks Beach resulted in additional patrols in the early evenings to ensure the conditions of the designated sites were being met. The complaints related to excessive numbers of self-contained vehicles staying on site and smaller non self-contained staying overnight.

 

It was disappointing to observe an increase with littering and depositing of waste in association with freedom camping and in several cases where the offenders were in certified self-contained camper vans.

 

Officers have noticed an increase in small rental vans being certified as "self-contained" despite the vehicles carrying only a few containers of water and a portable potty type toilet. The NZ standard 5465 requires that a toilet be "permanent". Concern is that occupants are less likely to use a small portable toilet that fits under the seat or bed and travel with with the contents for up to three days.

 

Freedom Camping

 

2011/12

Jan

Feb

Mar

Apr

May

Jun

Jul

Aug

Sep

Oct

Nov

Dec

TOT-AL

Freedom Camping Warnings

413

26

72

197

35

27

19

24

119

90

40

249

1311

Freedom Camping Infringements

NA

NA

NA

NA

NA

NA

NA

NA

NA

NA

NA

110

110

TOTAL

413

26

72

197

35

27

19

24

119

90

40

359

1421

2012/13

Jan

Feb

Mar

Apr

May

Jun

Jul

Aug

Sep

Oct

Nov

Dec

TOTAL

Freedom Camping Warnings

300

69

61

69

12

27

1

0

38

30

40

105

752

Freedom Camping Infringements

224

32

67

41

20

0

0

0

16

38

56

104

598

TOTAL

524

101

128

110

32

27

1

0

54

68

96

209

1350

2013/14

Jan

Feb

Mar

Apr

May

Jun

Jul

Aug

Sep

Oct

Nov

Dec

TOTAL

Freedom Camping Warnings

126

35

54

28

12

6

14

10

8

22

18

42

375

Freedom Camping Infringements

125

104

139

68

56

44

24

20

25

76

129

188

998

TOTAL

251

139

193

96

68

50

38

30

33

98

147

230

1373

* Freedom Camping

Infringements waived on

appeal

-

-

13

11

12

1

6

2

0

2

2

2

51

 

* Waiver statistics for the previous month are not indicative of potential waivers as appeals may still be considered two months after the infringement issue date.

 

Dogs Registered

 

2013/14

 

October 2013

 

November

2013

 

November

2012

 

December

2013

 

December

2012

Registered

 

4179

 

4223

 

3985

 

4265

 

4057

Unregistered

28

0

98

1

77

Total

4207

4223

4083

4266

4134

% Registered

99%

100%

97%

100%

97%

% Unregistered

1%

0

3%

1%

3%

Infringements

27

0

15

0

2

 

Dogs Impounded

 

2013/14

 

Sept

 2013

 

Oct

2013

 

Nov

2013

 

Nov

2012

 

Dec

2013

 

Dec

2012

 

YTD

Total

Impounded

20

18

 

16

 

11

11

 

14

 

 

78

Claimed

9

8

7

7

9

7

40

Euthanised

5

3

3

0

0

3

13

Adopted

0

1

2

0

0

0

4

 

SPCA

6

5

4

3

2

4

17

Kept impounded

 

 

1

 

 

0

0

 

YTD* = Financial Year - 1 July 2013 to 30 June 2014

 

Dog Complaints (new)

 

2013/14

October 2013

 

Nov

2013

Nov

2012

Dec

2013

Dec

2012

YTD

Total

Lost / Found

23

21

N/A

26

N/A

108

Dog Attack -person

2

5

N/A

1

N/A

12

Dog Attack - animal

3

2

N/A

3

N/A

14

Dog Rushing

3

9

N/A

3

N/A

21

Stray Dogs Returned to owner

6

5

N/A

10

N/A

23

Stray Dog impounded

6

0

N/A

4

N/A

24

Uncontrolled Dogs

16

18

N/A

8

N/A

66

Property Surveys

145

44

N/A

1

N/A

259

 

Note: 2012 Dog Control statistics were not adequately captured for reporting.

Bylaws

 


 

Over the next few months, the following 5 bylaws will be reviewed:

1.   Commercial Activities in Public Places

2.   Dog Control

3.   Parking Control

4.   Control of Advertising

5.   Freedom Camping

 

Below is a table outlining timeframes for the Review Project:

Item

Date

Who

Meeting to discuss By-law project Plan

9 January

Marion,Jakki, Steve

Contact Elizabeth Brand for original signed copies of the 5 Bylaws

9 January

Jakki

Have order paper approved for JC Meeting advising By-law project plan

15 January

Jakki

Commercial Activities in Public Places (CAPP) By-law Review meeting

16 January

Marion, Jakki, Steve

Email Coreen copy of CAPP by-law review notes from meeting

17 January

Jakki

Dog Control By-Law Review meeting

23 January

Marion, Jakki, Steve

Email Coreen copy of Dog Control by-law review notes from meeting

24 January

Jakki

Parking By-law review meeting

29 January

Marion, Jakki, Steve

Submit order paper to Judicial Committee regarding project plan for this work

30 January

Jakki/Marion/ Steve

Email Coreen copy of Parking by-law review notes

31 January

Jakki

Control of Advertising By-law review meeting

5 February

Marion/Jakki/ Steve

Email Coreen copy of Advertising by-law review notes

7 February

Jakki

Freedom Camping By-law review meeting

13 February

Marion/Jakki/ Steve

Email Coreen copy of FC by-law review notes

14 February

Jakki

Coreen to have any further conversations required with staff and commence drafting/reworking of policies and bylaws as possible.

Jakki to assist with policy drafting

Throughout February

Coreen/Katina/ Jakki

Pre-consultation feedback closes

Wed 26 February

Ben to provide feedback

Analysis of feedback

Brief report to be prepared

3 - 7 March

Coreen/Jakki

Attend Thames Community Board meeting to update

17 March

Marion/Steve/ Jakki

Attend all other Community Board meetings to update

Throughout March

Marion/Steve/ Jakki

Have approved order paper for Council Meeting ready

19 March

Jakki/Marion

Drafting of policies and bylaws continues

March

Coreen/Katina/ Jakki

Council meeting to endorse revised bylaws for consultation

9 April

Marion

Public submissions are invited

14 April - 16 May

 

Bylaws updated following deliberations

May-June

Coreen/Jakki

Council meeting to approve revised bylaws

25 June

Marion/Jakki

 

Bylaw Activity

 

2013/14

 

October 2013

 

Nov

2013

 

Nov 2012

 

Dec

2013

 

Dec

2012

Mobile Shops permits checked

0

0

2

12

9

Signage

0

3

14

6

3

Alfresco

2

0

2

1

5

Open Fires

3

2

7

5

5

Skateboards/cyclists on footpath

18

15

0

26

48

Illegal Litter

 

18

10

0

12

33

Concessions monitored

 

0

0

0

8

36

 

Parking

 

2013/14

Oct

2013

Nov

2013

Nov

2012

Dec

2013

Dec

2012

Total Parking Infringements

47

24

17

121

92

Whangamata - (non WoF & Rego)

8

1

7

26

16

Rego & Warrant offences

11

3

4

10

7

Thames-(non WoF & Rego)

12

5

5

17

7

Rego &  Warrant offences

9

11

0

1

35

Mercury Bay -(non WoF & Rego)

0

3

1

67

16

Rego & Warrant offences

0

1

0

0

0

 


 

Noise

 

2013/14

Oct

2013

Nov

2013

Nov

2012

Dec

2013

Dec

2012

Noise requests for Service

 

60

 

39

55

 

75

 

65

Excessive noise directions

 

19

 

10

24

 

25

 

24

 

Licensing

 

Health Licensing

November Activity:

Type of inspection

Number of inspections

 

Findings

High and Medium Risk Food Inspections

46

These are premises on which ready to eat food is prepared and usually served. The condition of these premises range from excellent to barely acceptable. Within this month there were none of the very poor performing  premises requiring follow up inspection

 

Low Risk Food Inspections

 

11

These are premises that simple product that offer a low risk to the public, such as coffee, and premises that sell pre-prepared wrapped foods coming in from other manufacturers. They are premises such as dairies, service stations, markets and coffee carts. All of these premises inspected this month presented an acceptable standard.

 

Hairdressers

 

0

No hairdressers were inspected this month

 

 MPI, FCP Audits

 

9

Ministry for Primary Industries, Off the Peg, Voluntary Implementation Program, Food Control Plan. This category is largely occupied by conscientious operators who were already maintaining high standards before they entered this program. All businesses audited this month reach the level considered to be "performing" by the ministries standards.

 

Advisory Visits

 

1

Advisory visits are at the invitation of the business operator, the aim is to guide the operator into the best possible practices and to set up their business in such a way that it meets the requirements of the first schedule of the Food Hygiene Regulations. The practice of carrying out advisory visits can save considerable time later as it establishes a co-operative relationship between the business operator and the Environmental Health office.

 

Below is an example of the letter sent to a food business following an advisory visit

 

This confirms the food premises inspection by the Thames-Coromandel District Council's Environmental Health Officer on  date

 

I was pleased to find your premises were relatively clean, tidy and well managed. There are however some matters, which were discussed at the time, which I wish to reiterate;

 

Conduct and Practice

Inspection of your dry store revealed it to be cluttered and untidy. It is required that all parts of a food premises, shall at all times, be kept in a condition that allows for effective cleaning and inspection. Such clutter also has the potential to harbour a major vermin infestation. It is therefore required that this area be immediately tidied and cleaned.

 

At the time of the inspection it was noted that the chiller in the yard did not appear to holding the food within it within the required range, 1 to 4 Degrees Celsius. Storage temperatures for foods held for sale are critical. The temperature of food held in your chilled storage is required to be between 0oc and 4oC. Food held in frozen storage shall be held at -18oC or a lower temperature. It is strongly recommended that you obtain a suitable thermometer, probe or infra-red, to monitor the temperature of your chillers and freezers.

Given the above guidance it is recommended that you obtain, as soon as possible, a suitable food grade digital probe food thermometer. Such items can be purchased on Trade Me at a reasonable price and then checked using the calibration sheet that is enclosed with this letter

 

Cleaning and Sanitising

It was observed during the inspection that the cleaning of your premises is generally of a reasonable standard. However it was also observed that some items had been missed. To prevent future omissions in your cleaning it is strongly recommended that you develop and establish a written and recorded cleaning schedule. Such a schedule would contain items to be cleaned every time they are used, items to be cleaned every day, items to be cleaned every week and items to be cleaned every month. Such a plan should also be used as a record to demonstrate that cleaning has been done as required. It is also recommended that the plan contain detailed instruction of how and with what chemicals and equipment each item is to be cleaned. A suggested cleaning schedule is enclosed.

 

Your co-operation is sought to ensure that the above items are attended to with the timeframe prescribed. Should you wish to contact me to discuss any point of this inspection or on any other matter related to the food safety of you premises, please feel free to do so on (07) 867 2010 or e-mail me at athol.kirk@tcdc.govt.nz

 

The above matters were only those identified at the time of the visit and are not necessarily a comprehensive list of all matters that require attention. The inspection may not have extended to the entire premises and it was not possible to observe all the working practices undertaken as part of the food business. I would remind you that it is the responsibility of the proprietor / supervisor of the food business to ensure compliance with the legislation and to ensure day-to-day monitoring of critical controls and working practices.

 

Follow-up inspections

1

These inspections are the continuation of work to bring premises to an acceptable level of food safety and hygiene that has been observed as being substandard on a previous inspection. Of these five inspections two were because indications of vermin infestation were observed, two were carried out to ensure that requisitions cleaning had been carried out and the last was to ensure that the hot holding unit for food had been repaired and was now holding the food at an acceptable temperature.

 

December Activity:

 

Type of inspection

Number of inspections

 

Findings

High and Medium Risk Food Inspections

27

These are premises on which ready to eat food is prepared and usually served. The condition of these premises range from excellent to barely acceptable. Within this month there were none of the very poor performing  premises requiring follow up inspection

 

Low Risk Food Inspections

 

0

No low risk food premises were inspected this month.

 

Hairdressers

 

0

No hairdressers were inspected this month

 

 MPI, FCP Audits

 

4

Ministry for Primary Industries, Off the Peg, Voluntary Implementation Program, Food Control Plan. This category is largely occupied by conscientious operators who were already maintaining high standards before they entered this program. All businesses audited this month reach the level considered to be "performing" by the ministries standards.

 

Advisory Visits

 

6

Advisory visits are at the invitation of the business operator, the aim is to guide the operator into the best possible practices and to set up their business in such a way that it meets the requirements of the first schedule of the Food Hygiene Regulations. The practice of carrying out advisory visits can save considerable time later as it establishes a co-operative relationship between the business operator and the Environmental Health office.

 

Follow-up inspections

1

These inspections are the continuation of work to bring premises to an acceptable level of food safety and hygiene that has been observed as being substandard on a previous inspection. Of these five inspections two were because indications of vermin infestation were observed, two were carried out to ensure that requisitions cleaning had been carried out and the last was to ensure that the hot holding unit for food had been repaired and was now holding the food at an acceptable temperature.

 

Camping

Grounds

26

These are places in which large numbers of temporary living places are set up, these camping grounds can, for a brief time, be accommodating very large numbers of people living in conditions which are less than that which they are accustomed to.

Inspections are carried out in line with the camping Grounds Regulations 1985.

 

 


 

 

Licence

2013

Registered (current &

under renewal)

Nov

2013

Inspections

Dec

2013

Inspections

YTD*

Inspections

Revisits / Advisory visits / Pre-inspections for Nov/Dec

Food Premises

286

68

31

177

9

Camping Grounds

25

0

26

26

 

Offensive Trades

0

0

0

0

 

Hairdressers

28

0

0

15

 

Funeral Directors

3

0

0

0

 

Mobile/Itinerant Traders

33

0

0

0

 

Event Monitoring

 

0

0

0

1

 

NZFSA Food Control Plans Audited

60

10

5

26

 

Food Sample Inspections

0

0

0

1

 

Follow up Inspections

0

1

1

13

 

Closed Premise Inspections

0

0

0

2

 

 

Liquor Licensing

 

From the Chief Licensing Inspector - Licensed EH Premises are being tasked on a monthly basis and a number of December inspections will be completed in January as many were closed over the latter half of December.

 

Licensing Inspections for Thames area now sitting at 66% visited for 2013/2014, which is on track with 100% to be visited by 30 June 2014.  Minimal inspections were undertaken during November to December to allow for maximum application processing by 18/12/13.

 

In November, a Symposium on Alcohol - Density and Locality issues was held.  The Symposium was hosted by Alcohol Watch and HPA.

 

The 2nd successful inter agency meeting was held in December in Thames.   The meeting was well attended by two medical Officers of Health, a Health Promoter from the Waihi area, Police, NZ Fire and Andrew Galloway (area manager HPA).  Very good feedback was received from these Licensing Agency meetings which is positive for our District.


 

 

Lodged Liquor Applications:

 

Liquor Applications lodged for month

October 2013

Nov

2013

Dec

2013

YTD* Lodged Applications

On

11

7

2

41

Off

7

10

4

43

Club

0

2

0

7

Managers

Certificate

18

31

34

229

Special Licence

15

32

23

177

Temporary Authority

6

2

2

23

Total for Month

57

84

65

520

 

YTD* = Financial Year - 1 July 2013 to 30 June 2014

 

Liquor Application Activity:

 

Liquor Application activity for the month

November

2013

December

2013

Applications assessed, reported on and finalised for the month

 

57

 

84

General Manager Interviews held

 

4

 

 

1

 

Liquor Inspections:

 

Sale of Liquor Licenses

Registered 2013

Inspections

Oct

2013

Inspections

Nov

2013

Inspections

Dec

2013

YTD

Inspections

On

115

3

2

 

16

Off

62

5

 

 

18

Club

32

0

1

 

2

 


 

Financial Results for Compliance and Regulation

 

Revenue - November 2013

 

Cost Centre

Annual Budget

YTD Budget

YTD Actual

Variance

Animal control

567,079.00

431,899.00

450,499.38

18,600.38

Health Licensing

163,245.00

152,381.00

131,411.66

(20,969.34)

Parking

122,095.00

48,000.00

36,207.18

(11,792.82)

By-Laws

193,451.00

45,164.00

61,133.10

15,969.10

Noise Control

1,597.00

200.00

0

(200.00)

Liquor

229,790.00

138,678.00

141,874.05

3,196.05

 

Expenditure - November 2013

 

Cost Centre

Annual Budget

YTD Budget

YTD Actual

Variance

Animal control

564,054.00

240,437.00

225,237.37

15,199.63

Health Licensing

163,245.00

67,575.00

62,280.21

5,294.79

Parking

25,100.00

13,252.00

2,043.73

11,208.27

By-Laws

144,924.00

69,364.00

22,576.24

46,787.76

Noise Control

133,601.00

51,555.00

34,007.98

17,547.02

Liquor

229,790.00

66,765.00

85,611.85

(18,846.85)

 

Revenue - December 2013

 

Cost Centre

Annual Budget

YTD Budget

YTD Actual

Variance

Animal control

567,079.00

437,399.00

453,194.55

15,795.55

Health Licensing

163,245.00

154,381.00

134,624.76

(19,756.24)

Parking

122,095.00

60,000.00

38,409.18

(21,590.82)

By-Laws

193,451.00

77,664.00

76,410.08

(1,253.92)

Noise Control

1,597.00

700.00

0

(700.00)

Liquor

229,790.00

151,678.00

149,302.17

(2,375.83)

 

Expenditure - December 2013

 

Cost Centre

Annual Budget

YTD Budget

YTD Actual

Variance

Animal control

564,054.00

286,288.00

269,441.06

16,846.94

Health Licensing

163,245.00

81,090.00

74,642.21

6,447.79

Parking

25,100.00

14,723.00

2,617.64

12,105.36

By-Laws

144,924.00

81,320.00

25,081.93

56,238.07

Noise Control

131,065.00

65,500.00

37,842.71

27,657.29

Liquor

229,790.00

85,318.00

101,491.38

(16,173.38)

 

3       Suggested Resolution(s)

That the Judicial Committee:

1.       Receives the report.

 

 


 

 

3.2     November/December 2013 - Building Control Report

TO                                 Judicial Committee

FROM                           John Kardas - Manager - Building Unit

DATE                             13 January 2014

SUBJECT                       November and December 2013 - Building Control Report

 

 

1       Purpose of Report

To review the key activities and results for the Building Unit for the months of November and December with regards to its role as a Building Consent Authority and a Territorial Authority.

 

2       Building Consent Authority Performance

The graphs below detail the results in regards to the key performance indicators of Building Consents and Building Inspections. These KPI's reflect the statutory timeframes with regards to processing and granting of building consents and such information as new dwelling consents.

 

The total number of applications continues to be positive, November is trending a little lower than the past few months but still over the 100 consents mark, with 115 applications for the month. December contributed another 78 applications an excellent result for a three week month. Amendments have continued to be considerable higher this year than previous and this has had an impact on the ability to keep our working days down on new consent applications as amendments are generally given a higher priority.

 

 

 

 

 

 

 

The impact of extended overtime has allowed us to bring the percentage of timeframes complying back to 100%. Over the months of November and December.

 

 

November and December had significant numbers of granted consents with the November total amongst the highest of the past 12 months. December at 82 is also significant considering there was only 15 days in the month. November had 41 consents on FIR and December 17, so there is plenty of work to come back to.

 

 

 

 

 

November had 4 applications refused and December 1 an indication of the end of year rush with poorly completed applications. Consents not accepted for processing was at 24 for November and 19 for December.