Ordinary Meeting

of the

Judicial Committee

 

 

Date                                   20 March 2014

Time                                   09:00am

Venue                      Council Chamber
                                           515 Mackay Street
                                           Thames

 

 

Members

Chairperson                   MK McLean JP

Members                         PA Brljevich

                                           LA Fox

                                           D 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      30 January 2014 - Judicial Committee Minutes for Confirmation  5

2          Development Contributions  21

2.1      RMA20130249 - Special Assessment for Development Contributions - Whangamata Marina - 621 Beach Road Whangamata  21

3          Regulatory Group Reports  49

3.1      January/February 2014 - Community Environment Monthly Report 49

3.2      January/February 2014 - Building Unit Monthly Report 65

3.3      Application for granted special exemption to the Fencing of Swimming Pools Act 1987 be changed to new owners name - 38 Aileen Place Whangamata  71

4          Planning Group Reports  83

4.1      Planning Monthly Report - January - February 2014  83

4.2      Review of Draft Engineering Code of Practice  89

4.3      March 2014 - Judicial Committee Action Schedule  99

5          Members Report 101

6          Public Excluded  102

6.1     Public Excluded - Judicial Committee Minutes for Confirmation                                         103

6.2     PublicExcluded - March 2014 - Judicial Committee Action Schedule                                  111            


 

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   30 January 2014 - Judicial Committee Minutes for Confirmation  

 

Memo Information

 

TO                                 Judicial Committee

FROM                           Erin Berry - Committee Advisor - Governance

DATE                             3 March 2014

SUBJECT                       30 January 2014 - 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:

30 January 2014 - Judicial Committee Minutes

 

References-Tabled/Agenda Attachments

Attachment A    30 January 2014 - Judicial Committee Minutes


Attachment A

 

 


 

2      Development Contributions

2.1   RMA20130249 - Special Assessment for Development Contributions - Whangamata Marina - 621 Beach Road, Whangamata  

TO                                 Judicial Committee

FROM                           Vanessa CoolingFinancial Policy Analyst

DATE                             3 March 2014

SUBJECT                       RMA/2013/0249 – Special Assessment for Development Contributions – Whangamata Marina, 621 Beach Road

 

 

1       Purpose of Report

The purpose of this report is to present a special assessment of development contributions payable on an application from the Thames-Coromandel District Council for 11 new campervan "park-over" sites at the Whangamata Marina; and to seek a decision as to whether a reduction of contributions, especially for water and wastewater, should be applied.

 

Particular matters relating to this development include whether the proposed activity involving "self-contained" motorhomes will increase demand on the Council's infrastructure; whether the park-over site is the correct point at which contributions should be charged for water and wastewater; and whether the assessment is consistent with freedom camping sites on the one hand and commercial campgrounds on the other.

 

2       Background

The 2012 Development Contributions Policy allows for development contributions to be calculated by special assessment where the demand for infrastructure created by an activity is not well represented by the Policy. Two activities in particular, campgrounds and petrol stations, are required to have a special assessment.

 

A template for assessing campgrounds was approved by the Judicial Committee on 28 February 2013. This was developed to ensure that the contributions charged more accurately reflect the impact of the development on the Council's infrastructure of that particular type of residential activity, and that campgrounds are treated consistently.

 

The proposed activity

On 18 December 2013, consent RMA/2013/249 was granted for overnight parking for 11 self-contained motorhomes at the Whangamata Marina, 621 Beach Road, Whangamata (Attachment A). This consent allows 44 existing car parks to be allocated for alternate use overnight as motorhome sites.  The motorhomes will be permitted to stay one night only, and must leave by 7.30am the following day. During the day the sites would be able to continue to operate as car parks, and if the sites are required for marina car parking at any time due to demand (e.g. at peak times), the alternate use for motorhomes will be reduced accordingly for that time.

 

 

 

 

The consent states that the park-over will be available only to self-contained motorhomes that are compliant with NZS 5465:2001 and are therefore able to store freshwater and wastewater for at least three days.

 

The primary purpose of the site is to provide facilities supporting a marina, not for campground activities – the area intended to accommodate the motorhomes is primarily used for marina car parking. However, motorhome accommodation falls under the definition of "temporary living place" under the District Plan, not vehicle parking. Campsites on campgrounds are also classified as "temporary living places", and many campgrounds provide sites for motorhomes that may or may not be certified self-contained. The campground template is therefore considered appropriate as the starting point for this assessment.

 

Council as developer

As the Council is the applicant in this instance, it could be asked whether the Council should pay itself development contributions, and whether there is any purpose in doing so.

 

The Local Government Act 2002 effectively exempts network infrastructure from development contributions by excluding the "pipes and lines of network operators" from the definition of development. Section 2.16.1 of the Development Contributions Policy reiterates and further expands on this exemption:

 

Pursuant to section 197 of the Act, which excludes the pipes and lines of network utility operators from the definition of “development”, the Council will not seek development contributions for the installation or expansion of network utility infrastructure, including pipes, lines and installations, roads, water supply, wastewater and stormwater collection and management systems.

 

The issue of whether this exemption should apply also to community infrastructure – for example, public conveniences, harbour extensions, swimming pools – was recently considered by the Council's Audit Committee at its 16 December 2013 workshop. Feedback was sought from the Committee as to Council practice on this matter since neither the Act nor the Policy specifically exempt community infrastructure.

 

As the matter was only discussed in a workshop, no formal decision was made on this question, however the opinion of the Audit Committee was that the Council should pay for any developments it undertakes that provide community infrastructure. This ensures that there is no perception in the community that the Council is allowing itself preferential treatment or that other developments are subsidising Council developments. Although the payment would be dealt with through an internal accounting transaction, it effectively shifts the burden of unpaid development contributions from other developers to the general ratepayer. This is important because Schedule 13 of the Local Government Act 2002 effectively prohibits the Council from reallocating any developer's share of contributions to other developers.

 

However, in this case, the Whangamata Marina park-over will not provide either network or community infrastructure, so the LGA exemption is not considered to apply either way, and staff have therefore assessed for contributions on this application as per any other development.

 

 

3       Issue

While the campground special assessment template has been used as a starting point to assess contributions, there are particular features of the proposed activity that require additional consideration:

 

·   Use of the marina car park for motorhome parking is intended to replace a less suitable site currently being used for freedom camping.

·   The motorhomes are classified "self-contained" for water and wastewater, however this does not mean they will not impact on Council infrastructure for these services.

·   When consent was granted, it was intended to allow the visiting motorhomes access to the ablutions block on site. However, this has now changed, and the motorhomes will be limited to the nearby public toilets, which do not contain showers or laundry.

·   It may be more appropriate for development contributions on water and wastewater to be charged at the point of development of the facilities provided – i.e. the public conveniences and dump stations.

·   Unlike campgrounds generally, visiting motorhomes will be able to stay one night only and must leave by 7.30am.

·   The activity is very similar to both a freedom camping site and a commercial campground, but these two activities are treated very differently in terms of development contributions – freedom camping sites generally do not go through a consent process and therefore there is no opportunity to assess contributions.

 

4       Discussion

A special assessment of development contributions has been completed based on the approved campground template showing development contributions payable of $160,897.90 plus GST plus reserves contributions (Attachment B). The motorhome sites have been assessed under the "tent and caravan sites" category as this includes sites for campervans, etc.

 

The assessment includes the standard template adjustments:

·   73% for water and wastewater, based on the reduced numbers of occupants compared with a private dwelling over peak periods

·   a further adjustment of 65% on the expectation that users of shared ablution facilities will use smaller volumes of water per person

·   for all other services charged, a 17% adjustment, which takes into account both reduced numbers of occupants and reduced occupancy of sites over the course of a year. (No actual data is available on the occupancy of park-over or freedom camping sites specifically.)

 

Note that reserve contributions will be payable as "temporary living places" are considered to be a form of residential activity. These will be assessed prior to payment.

 

No further adjustments have been made. However, there are some further matters to be considered, and these are discussed below.

 

Demand in relation to relocation from elsewhere

The main reason for the creation of motorhome parks at the marina is to relocate existing freedom camping activities from the Beach Road Reserve, which have generated complaints from neighbours.

 

 

 

It could be argued that this means there is no increase in demand because the activity may simply be moving from one part of town to another. However, the two activities are not of the same scale. There is a clear increase in the activity at the Marina, as this is intended to accommodate up to 11 motorhomes compared with four sites at the Beach Road reserve.

 

More importantly, the Council does not apply credits from one site to another, contributions are always assessed on the site and credits remain with the site. Occasional instances have occurred where a building is relocated from one site to another but development contributions credits have not been transferred. One recent case considered by the Judicial Committee was the Te Kouma Harbour Cottages, in which some cabins were relocated from Waiomu to Te Kouma. As staff advised at that time, it has never been Council practice to allow development contribution credits to move with buildings and it would be both administratively challenging and a risky precedent to do so, particularly with buildings that move from one catchment to another.

 

In any case, no development contributions have been paid on the freedom camping activity on the Beach Road reserve, so no credits are available.

 

Self-contained vehicles and demand on water and wastewater

The sites at the marina will be for self-contained motorhomes only, but this does not necessarily mean that they will not create a demand on the Council's water and wastewater infrastructure. While they are called "self-contained" this is a temporary state only – they do not collect all their own water from the roof, for instance, nor do they have septic tanks to treat wastes. They require facilities to replenish fresh water and empty wastewater into within a relatively short timeframe (e.g. motorhomes must be capable of holding a three day supply of fresh water to comply with NZS 5465:2001).

 

A motorhome spending three days or longer in the District will almost certainly need to dispose of its wastewater and renew its freshwater supply somewhere on the peninsula. For instance, a motorhome that arrives on the peninsula and spends one night in Whangamata, one night in Tairua, one night in Whitianga and one night in Coromandel will likely have used a Council dump station at least once during its stay and may well have used public conveniences a number of times. From that perspective, it is reasonable to charge the activity for these services. However, a reduction of contributions might be warranted on the assumption that some percentage of motorhomes will be present in the District for fewer than three days.

 

Water and wastewater – use of onsite facilities

The proposed park-over has an important difference from a commercial campground in that no facilities will be provided for wastewater and water by the marina. Campgrounds generally contain ablution blocks and kitchen facilities for use by campers. In this case, the motorhomes will be reliant on dump stations, public conveniences or other arrangements.

 

Initially, it was intended to allow occupants of motorhomes on site access to the marina ablutions block, which contains showers and laundry facilties, and to the onsite kitchen. This is no longer the intention, and the application states that "the motorhomes will be required to take all waste with them, however, the Marina does have a dump station for wastewater which may become available for use by the motorhomes". (However, there is nothing in the consent or application that specifically prevents the ablutions facilities from subsequently being made available to motorhomes.)

 


 

 

The template provides a 65% adjustment on water and wastewater contributions for tent, caravan and campervan campsites based on average volumes for these types of temporary dwellings, regardless of whether they are self-contained or not. This is based on the assumption that they will use shared ablution and cooking facilities provided by the campground, but that they are likely to use less water and wastewater than a cabin which is provided with its own separate supply.

 

If the motorhome occupants have no access to the ablutions block or kitchen, there may be some justification for reducing the water and wastewater charges further as occupants relying on the facilities provided within motorhomes are likely to use less water and wastewater than those with access to better facilities. However, there is no accurate data to guide us with actual levels of usage.

 

Point of assessment of water and wastewater contributions

It could be argued that contributions to water and wastewater infrastructure should be paid on the dump stations and public conveniences, wherever they are located, rather than the park-over sites, as these are the developments which directly impact on these services rather than the parking sites at the marina.

 

To date, no contributions have been required on a dump station, as these generally do not require resource consent. Consent applications for public conveniences are rare, and Council practice since around 2009 has been to exempt community infrastructure, which includes public conveniences, from development contributions (although guidance is to be sought from the Council on this issue at an upcoming workshop as the Policy is silent on the matter).

 

The fact that development contributions have not generally been collected on dump stations and public conveniences does not necessarily mean that they should be charged on those using these facilities, however.

 

Stay restricted to one night

Unlike commercial campgrounds generally, visiting motorhomes will be able to stay only one night and must vacate the site by 7.30am (although there is no restriction as to what time vehicles may arrive). While motorhomes may stay at commercial campgrounds for one night only, in many cases they are likely to stay longer. The limited stay at the marina park-over may impact on overall occupancy of the sites, but again staff are not aware of any data showing what the occupancy of this type of arrangement is likely to be. Also, at peak times, the number of motorhomes sites available may be reduced if they are required instead for marina car parking.

 

Comparisons with freedom camping sites and commercial campgrounds

A number of freedom camping sites have been created around the District following the Freedom Camping Act 2011. However, no consent applications have been processed relating to these activities and therefore no development contributions have been assessed on them. This means that no development contributions have been charged on freedom camping sites while the marina park-over, which is a very similar activity, has a preliminary assessment of approximately $14,500 per site plus reserves contributions.

 

On the other hand, there are a number of commercial campgrounds on the peninsula that offer a similar service to the proposed marina park-over, either as a sole activity or, more commonly, as one of several types of camping facilities provided. Any motorhome sites on commercial campgrounds would be assessed in the same manner as the park-over, as "tent and caravan sites".

 

 

These businesses will be sensitive to any possible competitive disadvantage to them resulting from the provision of non-commercial park-overs and freedom campsites around the District, not only from cheap or free sites but also from reduced set up costs, including development contributions.

 

An example of a campervan park similar to the proposed marina park-over was one proposed in Wharf Road, Coromandel. This proposal was to create 20 sites to accommodate self-contained campervans. As the site was located in a Town Centre Zone, no consent was required for the temporary living spaces as such; only the ablutions block required consent. Because of this, water and wastewater were the only services assessed. Contributions were assessed at $118,000 less site credits of around $24,000 (totalling $94,480 plus GST). The applicants were not willing to pay this amount and did not proceed with the proposal.

 

Options

1.    Confirm special assessment as per campground template with no further adjustments

If the activity is considered to be more or less equivalent to a campground, the special assessment may be confirmed without any additional adjustments.

 

2.    Confirm special assessment with an additional reduction of water and wastewater contributions

On considering the matters discussed above, the Judicial Committee may consider that a further adjustment should be applied to water and wastewater contributions, recognising that the site does not provide full ablution facilities and that some motorhomes may not stay long in the District enough to use these services. If usage adjustments for water and wastewater were to be reduced from 65% to, say, 30% development contributions calculated would total $78,418.15 + GST + reserves contributions. An example of a special assessment with a water and wastewater adjustment of 30% is attached (see Attachment C).

 

3.    Confirm special assessment but waive the charges for water and wastewater entirely

If the Judicial Committee considers that development contributions for water and wastewater would be more appropriately assessed on the public conveniences and dump stations that provide these services, it may wish to waive the contributions on these services in their entirety.

 

4.    Reduce development contributions on the basis of significant public benefit

One other option that may be considered is a reduction of development contributions on the basis of significant public benefit. At present, the sites are available free of charge – donations are encouraged (although the Area Manager has advised that few have donated to date and staff understand that the Marina Society will reconsider the question of charging at its next meeting).

 

There may be some grounds for a reduction if the provision of free camping sites is considered to provide a significant public benefit. Part 3.9.3 of the Policy allows the Council to reduce or waive development contributions where there is a fair and reasonable justification for doing so and this results in a clear benefit to the social, economic, environmental and cultural well-being of the District community.

 

However, at this point in time, there is nothing in the consent or the application to prevent the sites being charged for at any time in the future and in the absence of this, a reduction may not be appropriate.

 

 

 

Staff recommend that the special assessment be approved with an additional adjustment to water and wastewater contributions as specified by the Judicial Committee as it considers appropriate.

 

5       Suggested Resolution(s)

That the Judicial Committee:

1.      Receives the report.

2.      Confirms development contributions as assessed under the approved campground template with a further adjustment on water and wastewater of ...%

 

References-Tabled/Agenda Attachments

Attachment A    Land use consent RMA/2013/0249 decision

Attachment B    Draft special assessment – Whangamata Marina Park-over (based on campground template)

Attachment C    Example of special assessment for Whangamata Marina Park-over with additional water/wastewater adjustment


Attachment A


 

Attachment B


Attachment C


3      Regulatory Group Reports

3.1   January/February 2014 - Community Environment Monthly Report  

TO                                 Judicial Committee

FROM                           Marion Smith - Group Manager Community Environment

DATE                             24 February 2014

SUBJECT                       Community Environment Group Monthly Report for January and February 2014

 

 

 

1       Purpose of Report

This paper reports on key activities within Community Environment Group for the months of January and February 2014.

 

2       Discussion

 

Planning Investigations

 

Planning

 

January

Investigations commenced

1

Breach of District Plan

Investigations Completed

0

 

Current RMA Investigations

114

 

 

February

Investigations commenced

0

 

Investigations Completed

24

 

Current RMA Investigations

90

 

 

 


 

 

Monthly Monitoring Report for January 2014

 

·    RFS regarding storm water erosion at 12 Christine Terrace Hahei. As can be seen, the discharge from the storm water pipe is causing erosion in the gully which in turn is undermining the ROW above the discharge point.

 

DSCN6272

 

Complaint regarding issues around Wigmore Crescent Hahei, including

·    Sand from a building site had been pushed onto the beach

·    A fence was erected on the beach

·    Properties had multiple vehicle entrances causing limited street parking

 

 

DSCN6274

 


 

 

·    Stormwater/flooding at Homestead Lane Cooks Beach. Properties have previously been flooded and there is also concern over the danger of this open 600mm inlet pipe that a child could easily access which could result in a fatality.  

 

DSCN6271

 

 

·    Shed been converted to a 2nd dwelling on rural property at 1025 SH25 Whenuakite.

 

DSCN6268

 

 

·    Noise complaints from residents next to the site of the new Countdown supermarket in Whitianga where construction was beginning prior to 6 30am.

 

·    Complaint regarding Taxi company operating in residential area. Neighbour believes they are operating as a depo rather than a home occupation.

 

·    Historic daylighting encroachment at 855B Black Jack Road Opito Bay.

 

·    Investigation closed regarding unconsented earthworks at 278 Colville Road as retrospective consent has been obtained with various engineering conditions addressing the work required to stabilise the site and reduce erosion.

 

 

 

 

DSCN6282

 

 

·    Noise complaint regarding Countdown construction noise. On Tuesday the 25th Countdown started work at 4 15am in order to pour the shop floor. Two residential neighbours complained. A one off early start for the concrete pour was granted in their construction management plan. Both neighbours contacted and details given regarding the construction plan with no further early starts approved.

 

·    Non-compliance with conditions of consent regarding burley factory at 42 Colville Road in Coromandel. Product not being placed immediately or put into the chiller to reduce odour and the shed is yet to be removed from DOC land. Met with owner to discuss situation and suggestions to progress matters forward.

 

·    Firewood being sold from residential address at 60 Lillis Lane Coromandel. Occupant spoken to and instructed to stop operating firewood business from address and to remove wood from road reserve.

 

·    Abatement notice served on owner of property at 71 SH25 Mania in order to obtain compliance with consent condition requiring owner to enter into MOE regarding 2nd dwelling on property.

 


 

 

Planning Monitoring

 

 

Requests for Service

 

 

 

Quality Assurance

 

We had a pre-audit visit from IANZ in February to go over any additional requirements for our audit in March. There has also been a pre-audit meeting with the building staff and administration staff to reconfirm that we are ready for the audit.

 

 

 

Compliance and Regulation

 

Levels of Service for Compliance and Regulation - January/February 2014

 

The summer season of 16th Dec 2013 to 8th February 2014 is now complete with good results to date compared to previous years with improved compliance for bylaws.

 

Compliance Officers have reported a significant improvement throughout the district for dogs being exercised on beaches during prohibited times and a noticeable increase of dogs on the beaches at other (permitted) times. Signage still needs improvement and this will be address after the Dog Control Bylaw is reviewed in 2014 as exercise times may change.

 

Freedom Camping also improved in some areas such as along the Thames Coast, Whangamata  and Tairua. It was reported that the majority of freedom campers detected were international visitors in non-certified camper vans rather than NZ youth sleeping in cars and station wagons that were very prevalent in previous years and thought to be associated with the Coromandel Gold concert in Whitianga (cancelled in 2013).

 

The employment of a temporary part-time Compliance Officer to assist in the Mercury Bay South, Tairua & Whangamata areas over the summer season was a major factor to achieving improved compliance in those areas and provide additional evening patrols to Cooks Beach and Whangamata to deter non-compliance issues with freedom campers at the designated self-contained areas.

 

We were able to provide additional parking patrols over summer to the Hot Water Beach and Whitianga Boat trailer park Pay & Display / Permit parking areas in order to ensure a high level of compliance and projected revenue from permits was able to be achieved. It has proven difficult scheduling patrols to Hot Water Beach specifically at low tides, when the car park is at a premium, when compliance officers are also rostered to cover other patrols throughout the area.

 

Dog Control registration continues to be the highest on record and officers are continuing to be vigilant in locating any unknown / unregistered dogs throughout the district. Targeted property surveys to ensure all dogs in the district are registered will step up over the next few months.

 

Two dog attacks in Whangamata involving the same dog resulted in a media campaign to try to locate the dog owner and the offending dog. The lady in charge of the dog at the time of both incidents came forward after she read the news stories on the attacks and denied knowing that one of the attacks on the teenage girl was as serious as reported. As a result of the incidents the dog owner euthanized the dog and a decision on prosecution is pending.

 


 

 

Jennifer Layton Prosecution

 

A prosecution under section 57A of the Dog Control Act 1996 against Jennifer Layton of Whitianga resulted in the offender pleading guilty to the charge. A further charge for an offence of the Dangerous Dog classification was withdrawn by Council.

 

Under S25 (1) of the Dog Control Act 1996 a territorial authority must disqualify any person convicted of an offence against the Act from owning a dog for a period not exceeding five years unless under section 25 (1A) the territorial authority is satisfied that the circumstances of the offence are such that (a) a disqualification is not warranted or (b) the territorial authority instead classifies the person as a probationary owner under section 21 of the Dog Control Act 1996

 

Freedom Camping

 

2011

Jan

Feb

Mar

Apr

May

Jun

Jul

Aug

Sep

Oct

Nov

Dec

TOTAL

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

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

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

 


 

 

2014

Jan

Feb

Mar

Apr

May

Jun

Jul

Aug

Sep

Oct

Nov

Dec

TOTAL

Freedom Camping Warnings

62

 

 

 

 

 

 

 

 

 

 

 

 

Freedom Camping Infringements

151

 

 

 

 

 

 

 

 

 

 

 

 

TOTAL

213

 

 

 

 

 

 

 

 

 

 

 

 

* Freedom Camping

Infringements waived on

appeal

12

 

 

 

 

 

 

 

 

 

 

 

 

 

* 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

 

December

2013

 

January

2013

 

January

2014

 

February

2013

 

February

2014

Registered

 

4265

 

4079

 

4296

 

 

Unregistered

1

76

1

 

 

Total

4266

4155

4297

 

 

% Registered

100%

98%

99%

 

 

% Unregistered

1%

2%

1%

 

 

Infringements

0

17

 

 

 

 


 

 

Dogs Impounded

 

2013/14

 

 

Oct

2013

 

 

Nov

2013

 

 

Dec

2013

 

 

Jan

2013

 

 

Jan

2014

 

 

Feb

2013

 

 

Feb

2014

 

YTD

Total

(to Jan)

Impounded

18

 

16

 

11

 

 

19

 

 

 

97

Claimed

8

7

9

 

14

 

 

54

Euthanised

3

3

0

 

0

 

 

13

Adopted

1

2

0

 

2

 

 

6

 

SPCA

5

4

2

 

2

 

 

19

Kept impounded

 

1

 

 

1

 

 

2

 

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

 

Dog Complaints (new)

 

2013/14

 

Dec

2013

 

Jan

2013

 

Jan

2014

 

Feb

2013

 

Feb

2014

YTD

Total

(to Jan)

Lost / Found

26

N/A

66

N/A

 

192

Dog Attack -person

1

N/A

5

N/A

 

17

Dog Attack - animal

3

N/A

10

N/A

 

14

Dog Rushing

3

N/A

4

N/A

 

25

Stray Dogs Returned to owner

10

N/A

11

N/A

 

34

Stray Dog impounded

4

N/A

4

N/A

 

28

Uncontrolled Dogs

8

N/A

30

N/A

 

96

Property Surveys

1

N/A

1

N/A

 

260

 

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

 


 

 

Bylaw Activity

 

2013/14

 

Dec

2013

 

January

2013

 

January

2014

 

February

2013

 

February

2014

Mobile Shops permits checked

12

10

8

 

 

Signage

6

3

14

 

 

Alfresco

1

0

2

 

 

Open Fires

5

8

8

 

 

Skateboards/cyclists on footpath

26

54

28

 

 

Illegal Litter

 

12

30

14

 

 

Concessions monitored

 

8

12

14

 

 

 

Parking

 

2013/14

Dec

2013

Jan

2013

Jan

2014

Feb

2013

Feb

2014

Total Parking Infringements

121

110

290

 

 

Whangamata - (non WoF & Rego)

26

36

50

 

 

Rego & Warrant offences

10

15

15

 

 

Thames-(non WoF & Rego)

17

4

10

 

 

Rego &  Warrant offences

1

4

3

 

 

Mercury Bay -(non WoF & Rego)

67

51

208

 

 

Rego & Warrant offences

0

0

4

 

 

 

Noise

 

2013/14

Dec

2013

Jan

2013

Jan

2014

Feb

2013

Feb

2014

Noise requests for Service

 

75

 

145

 

126

 

 

Excessive noise directions

 

25

 

39

 

51

 

 

 


 

 

Licensing

 

Health Licensing

 

January Activity:

Type of inspection

Findings

High and Medium Risk Food Inspections

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

 

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.

An example of the report sent to such a business is as below .

 

This confirms the food premises inspection by the Thames-Coromandel District Council's Environmental Health Officer on the day-month-year.

 

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

 

Cleaning and Sanitising

    A check of the cleaning products you are currently using showed that some of them (Simple Green and Pam's Window Cleaner) did not meet the required standards. All cleaning chemical used in a commercial food premises must be suitable food grade and they must have suitable labelling showing the active ingredients. It is strongly recommended that you only purchase cleaning chemicals that are labelled as being approved by the New Zealand Food Safety Authority (NZFSA), Ministry of Agriculture and Forestry (MAF) or Ministry of Primary Industries (MPI).

 

 

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.

 

Hairdressers

 

No hairdressers were inspected this month

 

 MPI, FCP Audits

 

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

 

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.

 

Camping Grounds

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.

 

 

February Activity:

 

Type of inspection

Findings

High and Medium Risk Food Inspections

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

 

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.

 

 MPI, FCP Audits

 

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

 

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

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.

 

Liquor licenced premises site inspection

These premises are inspected to ensure that they meet the requirements of the Sale and Supply of Alcohol Act 2012. Such inspections are usually carried out in conjunction with a food premises inspection.

 

An example of the communication following such an inspection is below

 

This confirms the food premises inspection by the Thames-Coromandel District Council's Environmental Health Officer on the Day-Month-Year.

 

I was pleased to find your premises 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

v At the time of the inspection there were no wash hands signs in the toilets. Given that these are the same toilets as those that the staff use they are required to meet the standards required within the Food Hygiene Regulations. Therefore hot and cold running water, soap, a nail brush and wash hands notices are required at all wash hand basins.

 

Sale and Supply of Alcohol Act 2012

v Display of licences and renewals.

             Section 57 of the act states that;

·      (1) The holder of an on-licence or an off-licence must ensure that at all times a copy of the licence, together with a statement of all conditions subject to which it is issued, is displayed—

·      (a) attached to the inside of the premises concerned; and

·      (b) so as to be easily read by people entering each principal entrance.

Therefore it is requested that you reposition your displayed licences and renewal notices into a position in which they can be reasonably read.

 

v Supply of food for customers.

At the time of the inspection only one form of substantial food was available in the freezer for the patrons. Section 53 of the acts states;

·      The holder of an on-licence or club licence must ensure that, at all times when the premises are open for the sale and supply of alcohol, a reasonable range of food is available for sale and consumption on the premises, in portions suitable for a single customer,—

·      (a) at reasonable prices; and

·      (b) within a reasonable time of being ordered.

One form of food does not constitute a reasonable range. It is required that a greater range be supplied immediately.

 

 

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.

 

 

Food and liquor event monitoring

These events are inspected and monitored under the Food Hygiene Regulations 1974, Sale and Supply of Alcohol Act 2012

 

 

Camping Grounds

No Camping Grounds were inspected this month

 

Hairdressers

No Hairdressers were inspected this month

 

 

 

Licence

2014

Registered (current &

under renewal)

Jan

2014

Inspections

Feb

2014

Inspections

YTD*

Inspections

Advisory visits for Jan

Food Premises

286

9

 

186

1

Camping Grounds

25

1

 

27

 

Offensive Trades

0

0

 

0

 

Hairdressers

28

0

 

15

 

Funeral Directors

3

0

 

0

 

Mobile/Itinerant Traders

33

0

 

0

 

Event Monitoring

 

0

0