Regulatory Performance Committee

Agenda

 

 

Notice of Meeting:

An ordinary meeting of the Regulatory Performance Committee will be held on:

 

Date:                                     Wednesday 8 March 2017

Time:                                    9am

Venue:                                 Committee Room 1, Level 2, Civic Offices,
53 Hereford Street, Christchurch

 

 

Membership

Chairperson

Deputy Chairperson

Members

Councillor David East

Councillor Jamie Gough

Councillor Jimmy Chen

Councillor Anne Galloway

Councillor Glenn Livingstone

Councillor Tim Scandrett

Councillor Sara Templeton

 

 

2 March 2017

 

 

 

Principal Advisor

Leonie Rae

General Manager Consenting & Compliance

 

Aidan Kimberley

Committee and Hearings Advisor

941 6566

aidan.kimberley@ccc.govt.nz

www.ccc.govt.nz

Note:  The reports contained within this agenda are for consideration and should not be construed as Council policy unless and until adopted.  If you require further information relating to any reports, please contact the person named on the report.
To view copies of Agendas and Minutes, visit:
https://www.ccc.govt.nz/the-council/meetings-agendas-and-minutes/

 


Regulatory Performance Committee

08 March 2017

 

Regulatory Performance Committee - Terms of Reference

 

 

Chair

Councillor East

Membership

Councillor Gough (Deputy Chair), Councillor Chen, Councillor Galloway, Councillor Livingstone, Councillor Scandrett, Councillor Templeton

Quorum

Half of the members if the number of members (including vacancies) is even, or a majority of members if the number of members (including vacancies) is odd.

Meeting Cycle

Monthly

Reports To

Council

 

 

Responsibilities

The focus of the Regulatory Performance Committee is Council’s regulatory and compliance functions. The Committee seeks to foster:

·         active citizenship, community participation and community partnerships

·         innovation and creativity

·         active citizenship, community participation and community partnerships

·         innovation and creativity

·         relationship with key partner organisations and agencies

·         engagement with community boards on bylaw development and review

 

 

The Regulatory Performance Committee considers and reports to Council on issues and activites relating to:

·         Council’s regulatory and compliance functions

·         Council’s regulatory and compliance functions under:

Resource Management Act 1991 and related legislation

Building Act 2004 and the New Zealand Building Code

Dog Control Act 1996

Sale and Supply of Alcohol Act 2012

Local Government Act 1974 and Local Government Act 2002

Historic Places Act 1980

District Plan

Bylaws

Other regulatory matters

·         District planning

·         Approval and monitoring of Council’s list of hearings commissioners under the Resource Management Act 1991.

·         relationship with key partner organisations and agencies

·         engagement with community boards on bylaw development and review

 

 


Regulatory Performance Committee

08 March 2017

 

Part A        Matters Requiring a Council Decision

Part B         Reports for Information

Part C         Decisions Under Delegation

 

 

TABLE OF CONTENTS

 

C       1.       Apologies.......................................................................................................................... 4

B       2.       Declarations of Interest................................................................................................... 4

B       3.       Deputations by Appointment........................................................................................ 4

B       4.       Presentation of Petitions................................................................................................ 4

STAFF REPORTS

C       5.       Urban Design Panel Update and Terms of Reference................................................... 5

C       6.       Update of the Building Consenting Unit..................................................................... 13

B       7.       Resource Consents Monthly Report ........................................................................... 21

C       8.       Regulatory Compliance Unit Status Report................................................................ 33   

 

 


Regulatory Performance Committee

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1.   Apologies

At the close of the agenda no apologies had been received.

2.   Declarations of Interest

Members are reminded of the need to be vigilant and to stand aside from decision making when a conflict arises between their role as an elected representative and any private or other external interest they might have.

3.   Deputations by Appointment

There were no deputations by appointment at the time the agenda was prepared. 

4.   Presentation of Petitions

There were no petitions received at the time the agenda was prepared.  

  


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5.        Urban Design Panel Update and Terms of Reference

Reference:

17/136975

Contact:

Ceciel DalaRue

Ceciel.DelaRue@ccc.govt.nz

03 941 5237

 

 

1.   Purpose and Origin of Report

Purpose of Report

1.1       To seek the Regulatory Performance Committee’s recommendation that the Council agrees to a single set of resolutions to support continued operation of the Christchurch Urban Design Panel, including an updated Terms of Reference.

Origin of Report

1.2       This report is staff generated in response to advice from Council’s Legal Services Unit to establish a simplified framework and documentation for operation of the Panel.

2.   Significance

2.1       The decisions in this report are of low significance in relation to the Christchurch City Council’s Significance and Engagement Policy.

2.1.1   The level of significance was determined by the minimal changes sought to the current operating framework for the Christchurch Urban Design Panel (the Panel).

 

3.   Staff Recommendations

That the Regulatory Performance Committee recommends that the Council:

1.         Notes that the Christchurch Urban Design Panel is a subordinate decision making body of the Council under clause 30(1) of Schedule 7 of the Local Government Act 2002.

2.         Resolves under Clause 30(7) of Schedule 7 of the Local Government Act 2002 that the Christchurch Urban Design Panel not be discharged following triennial general elections.

3.         Approves the Terms of Reference for the Christchurch Urban Design Panel set out in Attachment A, and delegates to the Head of Urban Design, Regeneration and Heritage the authority to make minor changes.

 

4.   Key Points

4.1       This report supports the Council's Long Term Plan (2015 - 2025):

4.1.1   Activity: Strategic Planning and  Policy

·     Level of Service: 17.0.17 Provide design review advice for developments across the city  

 

5.   Context/Background

5.1       The Christchurch Urban Design Panel (the Panel) is an independent ‘third-party’ with an advisory role, rather than statutory decision making powers. The Council’s role is in establishing, administering and managing the Panel.

5.2       The establishment of the Panel as a subordinate decision making body of the Council, under clause 30(1) of Schedule 7 of the Local Government Act 2002, reflects the role and purpose of the Panel as advisory to Council, rather than decision-making.

5.3       Design review by the Panel provides independent peer review early in the design process to promote high quality design outcomes and identify ways in which value can be added to development.

5.4       In 2008 the Council resolved to establish a three-year trial of the Panel as a result of public concern over the quality of the design of new developments in the City and their effects on the urban environment. In 2012 the Council resolved to permanently establish the Panel.

5.5       Council passed resolutions for the Panel in 2007 and 2012. The 2012 report to Council was written on the basis that it is read together with the 2007 resolutions, a single set of resolutions and updated Terms of Reference avoids any confusion and sets the Panel up robustly for the coming years.

External review recommendations

5.6       An independent external review of the Panel was completed in late August 2015. Retention of the Panel was supported with minor changes being recommended to achieve improved strategic alignment, resourcing, and processes. Resourcing recommendations focussed on improving and deepening the skill set, experience and breadth of Panel members, in particular increasing the expertise and experience in development and commercial appreciation.

5.7       Staff have worked through the recommendations of the external review over the past year and a membership ‘refresh’ was completed in late 2016.

5.8       Expressions of Interest (EOI) were sought from leading built-environment professionals in September 2016. The process was an open call with nearly 60 expressions of interest received from high-calibre built-environment professionals. This process helped engage with built-environment professionals and promote the role, and profile of the Panel.

5.9       Panel membership may comprise a pool of up to 30 built-environment professionals with specialist skills in the fields of urban design, architecture, landscape architecture, property development. Panel members will also bring their expertise in areas such as planning, cultural values and design, sustainable design and Crime Prevention through Environmental Design (CPTED). The current membership of 20 professionals is on the Council’s website https://ccc.govt.nz/the-council/plans-strategies-policies-and-bylaws/urbandesign/urbandesignpanel.

Financial and legal implications

5.10    Design review by the Panel is provided free of charge to the Applicant to encourage seeking this advice and recognise the wider public benefits of improved urban environments. The Panel operation is funded from within existing budgets.

5.11    The cost to Council includes reimbursing Panellists for their time to attend design reviews and formal training sessions at a rate of $180 per hour. This existing rate remains appropriate. Time spent on site visits, preparation and research is not reimbursed.

Terms of Reference

5.12    The Terms of Reference were adopted in 2008 when the Panel was established. Minor amendments have been made to reflect changes to District Plan zoning and provide further clarity that the Panel is not a decision making body for consents. 

5.13    The Terms of Reference 2017 (Attachment A) has been updated following the external review recommendations and subsequent membership ‘refresh’ to provide a clearer, more cohesive and customer-focussed framework for the Panel and its operational aspects. The amendments are outlined below:

·     Background and benefits of Panel Design Review is included as an introduction to the Terms of Reference.

·     Purpose, role and status of the Panel is clearly stated.

·     Membership section reflects the process of recruiting Panellists, and that a number of Panellists are skilled and available to convene design reviews.

·     Triggers for Design Review (previously titled Urban Design Panel Reviews) notes updated criteria for developments that will be reviewed and provides an outline of the design assessment criteria, rather than including in full.

·     Design review process more clearly outlines the stages of the process, whilst referring to the Council website for more detail.

·     ‘Administration’ content, previously a separate section, is now integrated into the relevant sections of the Terms of Reference.

 

Attachments

No.

Title

Page

a

Urban Design Panel_Terms of Reference_2017

8

 

 

Confirmation of Statutory Compliance

Compliance with Statutory Decision-making Requirements (ss 76 - 81 Local Government Act 2002).

(a) This report contains:

(i)  sufficient information about all reasonably practicable options identified and assessed in terms of their advantages and disadvantages; and

(ii) adequate consideration of the views and preferences of affected and interested persons bearing in mind any proposed or previous community engagement.

(b) The information reflects the level of significance of the matters covered by the report, as determined in accordance with the Council's significance and engagement policy.

 

Signatories

Authors

Ceciel DelaRue - Team Leader Urban Design

Josie Schroder - Principal Advisor Urban Design

Approved By

Carolyn Ingles - Head of Urban Regeneration, Urban Design and Heritage

Brendan Anstiss - General Manager Strategy and Transformation

  


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6.        Update of the Building Consenting Unit

Reference:

17/159336

Contact:

Robert Wright

robert.wright@ccc.govt.nz

941 8749

 

 

1.   Purpose of Report

1.1       The purpose of this report is to provide the Regulatory Performance Committee with the January 2017 update of the Building Consenting Unit of the Consenting and Compliance Group.

 

2.   Staff Recommendations

That the Regulatory Performance Committee receive the information in this report.

 

 

3.   Update of the Building Control and City Rebuild Group

January in Review

3.1   In January, 2,700 inspections were completed by the inspectorate, (residential 2,243 and commercial 457).  We expect the volume to rise somewhat from February onwards reflecting an expected trend of lower demand over the Christmas and New Year period. 

 

3.2   There has been an increased demand for inspections of complex residential work, this is in part due to some remaining complex EQR repairs and an increase in development of larger multi-unit projects across the city.

 

3.3   Attachment A is a snapshot of August to December 2016 data which due to the election period and subsequent establishment of new Committees of Council has not been reported on to date.

Building Consents

3.4   The agreed level of service is to issue 90% of Building Consent decisions within 19 working days.

3.5   There were 290 residential and 59 commercial consent decisions made.  Of those, 98.5% of the decisions were made within the 19 day timeframe.  For the financial year to date 97.5 % of the building consent decisions made were within the 19 day target. 

3.6   Please see attachment B for the January 2017 dashboard.

External Processing of Consents

3.7   External contractors processed 95 consents in January 2017.  Of these 95% were within the 20 day statutory timeframes.

Inspections and Scheduling 

3.8       The agreed level of service is to carry out 85% of building inspections within three days of the requested date.

3.9       There were 2,194 residential inspections and 443 commercial inspections carried out in January 2017 (total 2,637), comparable to January 2016 (2,387 residential and 438 commercial).

3.10    The average wait time for residential inspections is 3 days for residential, and 2 days for commercial. 

 

Code Compliance Certificates

3.11    The agreed level of service is to issue 90% of Code Compliance Certificate decisions within 19   working days. 

 

3.12    There were 55 commercial and 336 residential Code Compliance Certificate decisions made in January (total of 421). 

 

3.14    100% of the commercial Code Compliance Certificate decisions and 98.8% of residential Code Compliance Certificates made in January were within the 19 day target.  Year to date 97.4% have been within 19 days. 

Estimated Value of Work

3.15    See graph below for estimated value of granted building consents (commercial and residential).

 

 

 

 

Attachments

No.

Title

Page

a

August to December 2016 Consenting and Compliance Report

15

b

January 2017 Dashboard

18

 

 

Signatories

Author

Robert Wright - Head of Building Consenting

Approved By

Leonie Rae - General Manager Consenting and Compliance

  


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7         Resource Consents Monthly Report

Reference:

17/161104

Contact:

John Higgins

john.higgins@ccc.govt.nz

941 8224

 

 

1.   Purpose and Origin of Report

1.1       The purpose of this report is to provide a monthly update to the Regulatory Performance Committee with respect to the delivery of resource consent functions.  This report covers activity for the months October 2016 through to January 2017.

1.2       Attachment A provides graphical information relating to application numbers and performance.  Key aspects of that graphical information is also discussed below.

 

2.    Recommendation

1.         That Regulatory Performance Committee receive the information in this report.

 

 

3.   Background for new Committee members

3.1       A resource consent is an application for resource consent granted.  A resource consent is required where an application involves a breach of the Christchurch District Plan and/or a National Environmental Standard.  There are two decisions involved with a resource consent, the first relates to whether the application should be notified and the second whether it should be granted.  Rights of appeal to the High Court or Environment Court exist in relation to both decisions.  There is also a right of objection relating to conditions imposed on a resource consent for applicants only.

3.2       Following the earthquakes, application numbers first decreased and then increased significantly from around 2013.  Performance, in terms of compliance with statutory timeframes, has remained relatively constant at around 99-100%.  The unit has performed well in this respect despite continued high workloads.

3.3       Since 2011, the Resource Consents Unit has been externally reviewed four times, two of those initiated internally, one by the Ministry for the Environment, and the last time initiated by the Chief Executive.   These reviews have covered the full functions of the resource consent unit, from compliance with statutory timeframes, decision-making, to culture.  All of those reviews have only found relatively minor issues and overall found that the unit is functioning well.

3.4       Resource consenting remains a Council function that receives a high level of scrutiny from many parties including the government, developers, neighbours and the general public.  Elected members are regularly approached about individual applications.

3.5       In 2016, a new District Plan was developed under the Independent Hearings Panel framework.   In addition, major reforms to the Resource Management Act are being progressed by the government and likely to come into effect in 2017.   Those reforms started in 2009 and have sought to simplify and streamline the Act.   The new District Plan has also sought to enable the rebuild including reducing resource consenting requirements and notification of applications, and also minimising transactions costs.

3.6       Currently there is a report scheduled to go to an April Council meeting addressing the decision-making for resource consent applications.  This report follows an action item from the Ministry for the Environment review which recommended a review of the delegations relating to resource consent functions.

 

4.   Application Numbers

4.1       Application numbers peaked in October 2016 at 368 and have dropped to 188 in January 2017.   The drop is seasonal with application numbers always lower particularly in January.   This is because many applicants are taking a break over this period.   To what extent the numbers will rebound is unclear at this stage.  

4.2       The unit forecast the financial year end application numbers to be around the 2500 mark.  If that eventuates, it will be a drop from 2854 applications in the 2015/2016 year.  This is consistent with other information which shows softening of rebuild activity in some areas.

5.   Performance

5.1       Over the last four months (October 2016 to January 2017), the unit has consistently achieved 100% compliance with statutory timeframes.   This is an excellent result achieved by staff.  

5.2       Another interesting statistic is that a greater number of applications are being notified.   In the 2016/17 financial year, 52 applications were notified.   That was an increase from 11/12 (26), 12/13 (28), 13/14 (26) and 14/15 (30).   So far in 16/17 (7 months into it), 30 applications have been notified.  The reasons are probably varied but indicate an increase in more contentious applications being received.

6.   Key Applications/Appeals

6.1       The unit is working on a strategy for keeping elected members informed about key applications.   There are several recommendations in the April Council report mentioned above which seek to be keep elected members more informed about resource consent applications.   The unit is awaiting the consideration of that report prior to going ahead with implementation.

7.   Projects

7.1       The unit initiated three major projects in 2016. They relate to the action plans resulting from the reviews.  They are now largely completed. The second relates to new computer software for the recording, tracking, managing and reporting of resource consent applications. The third relates to a customer service plan.

7.2       The focus for the unit in 2017 is on the quality of processing and decision making.  This is wide ranging from training and development through to a review of decision making.

 

 

 

 

 

Attachments

No.

Title

Page

a

Resource Consents Monthly Report - March 2017 - Attachment 1

24

 

 

Confirmation of Statutory Compliance

Compliance with Statutory Decision-making Requirements (ss 76 - 81 Local Government Act 2002).

(a) This report contains:

(i)    sufficient information about all reasonably practicable options identified and assessed in terms of their advantages and disadvantages; and

(ii)   adequate consideration of the views and preferences of affected and interested persons bearing in mind any proposed or previous community engagement.

(b) The information reflects the level of significance of the matters covered by the report, as determined in accordance with the Council's significance and engagement policy.

 

Signatories

Author

John Higgins - Head of Resource Consents

Approved By

Leonie Rae - General Manager Consenting and Compliance

  


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8.        Regulatory Compliance Unit Status Report

Reference:

17/164881

Contact:

Tracey Weston

tracey.weston@ccc.govt.nz

03 941 6249

 

 

1.   Purpose of Report

1.1       The purpose of this report is to provide the Regulatory Performance Committee with:

1.1.1   An outline of the Regulatory Compliance Unit's ('the Unit') functions relevant to the Committee's Terms of Reference;

1.1.2   A general update on the Unit's performance against our Key Performance Indicators across the last 6 months; and

1.1.3   A snapshot of some recent compliance activities.

 

2.   Staff Recommendations

That the Regulatory Performance Committee receive the information in this report.

 

 

3.   Outline of functions relevant to the Committee’s Terms of Reference

3.1       The Regulatory Compliance Unit manages the majority of the licensing, compliance and enforcement functions undertaken by Council.  The functions of the team include animal management, compliance and investigations (in relation to the Resource Management Act, Building Act and bylaw enforcement), alcohol licensing, environmental health and food safety.

3.2       As the Unit’s resources are finite, it is necessary to target our activities in accordance with a risk-based compliance strategy. In operational terms, this means tailoring the compliance/ enforcement approach in response to the degree of harm to individuals, amenities or the environment.  This risk-based compliance strategy recognises that most people and businesses are willing to comply with their regulatory obligations voluntarily or can be encouraged to do so.

3.3       In managing conduct that is non-compliant with the relevant legislation or regulations, the Unit’s risk based approach categorises the nature and characteristics of the conduct to determine the appropriate intervention – Voluntary, Assisted, Directed and Enforced (VADE). The interventions or enforcement responses are graduated and escalate depending on the seriousness of the conduct, extent of the harm and public interest factors.

Animal Management

3.4       The Animal Management Team is responsible for the administration and enforcement of the Dog Control Act 1996, the Christchurch City Council Dog Control Bylaw 2016 (which includes the general control of dogs within the city), the Christchurch City Council Stock Control Bylaw 2008 and the Impounding Act 1955 (which includes the general control of stray and wandering stock).

3.5       The team’s revenue is collected through various streams including annual dog registration fees, more than two dog licences and dog impounding fees. The team has a strong community education and awareness program with a key focus on encouraging and supporting responsible dog ownership. 

 

 

Compliance and Investigations

3.6       The Compliance and Investigation Teams ensure compliance with a broad range of legislative requirements including the Resource Management Act 1991, the Building Act 2004, Local Government Act 2002, Litter Act 1979, Amusement Devices Regulations 1978 and Machinery Act 1950.

3.7       The teams also monitor and ensure compliance with a number of Christchurch City Council Bylaws including the Clean Fill Licensing Bylaw 2008, Urban Fire Safety Bylaw 2007, Brothels (Location and Signage) Bylaw 2013, and Public Places Bylaw 2008.

3.8       The monitoring of Resource Consent conditions and follow up for breaches of District Plan rules also falls within the responsibilities of the Compliance and Investigation Team.

3.9       A range of compliance and enforcement tools are used by the team. These include giving verbal advice and education, warning letters, infringement notices, abatement notices, notices to fix under the Building Act 2004, enforcement orders or, for serious offending or habitual offenders, prosecutions either through the Environment Court or the District Court.

Alcohol Licensing

3.10    The Alcohol Licensing Team administers, on behalf of the Council and the Secretary of the District Licensing Committee, the processing of applications for Alcohol Licences and General Managers’ Certificates under the Sale and Supply of Alcohol Act 2012.

3.11    The Alcohol Licensing inspectors, in addition to assessing and reporting on all applications, also carry out enforcement and compliance monitoring of licensed premises in conjunction with the NZ Police and representatives of the Medical Officer of Health.

3.12    The main alcohol licensing function relevant to the Committee’s Terms of Reference is the receipt and adoption of the District Licensing Committee’s annual report for the Alcohol Regulatory and Licensing Authority (ARLA). This report is provided to the Regulatory Performance Committee in September of each year for adoption by Council before being sent to ARLA.

Environmental Health

3.13    The Environmental Health team is responsible for managing and monitoring matters of public health, including:

1.1.4   Inspection/monitoring/abatement of environmental health nuisances

1.1.5   Noise control management

1.1.6   Investigation and assessment of contaminated land

1.1.7   Public health comment and input into building and resource consents

1.1.8   Registration and inspection of offensive trades

1.1.9   Hazardous substances duties to protect public safety

3.14    Noise control is one of the most significant activities for the Environmental Health team. The team manages both daytime and after-hours complaints.  After-hours complaints are dealt with in the first instance by a contractor but staff are involved in following up many of these complaints to seek resolution and prevent re-occurrence.

Food Safety

3.15    The Council registers and undertakes inspections of food premises, hairdressers, funeral directors and camping grounds under the Health Act 1956. The Act places a general obligation on the Council to promote and conserve public health and to monitor compliance with all statutory requirements within its territorial boundary.

3.16    The Food Safety team also conducts regulation and compliance activities for food premises under Food Act 2014 which took effect on 1 March 2016. This legislation aims to give food businesses the tools to manage food safety themselves based on the level of risk associated with the kinds of food produced and in a way that suits their business.

 

4.   Performance against the Unit’s Key Performance Indicators

4.1       The following data provides a summary of how the Unit is tracking against our Key Performance Indicators for the period from 1 July 2016 – 31 January 2017.

4.2       Please note that in compiling this report, a number of possible issues were identified with the reporting mechanisms utilised by the Unit. Staff are looking into this matter further to ensure the relevant mechanisms are capturing the data anticipated by the performance measures.

Animal Management

 

Objective and Measure

Target

9.0.1 Percent of priority 1 complaints (aggressive behaviour by dogs and wandering stock) responded to within 10 minutes

Target 95%

Performance commentary for reporting period:

The Council received 100 priority one complaints over the relevant period. All of these complaints were responded to within 10 minutes thus the target has been exceeded with a 100% achievement rate.

Month

No Complaints  Received

No Attended Within 10 Minutes

Percentage Achieved

July 2016

22

22

100%

August 2016

6

6

100%

September 2016

8

8

100%

October 2016

17

17

100%

November 2016

19

19

100%

December 2016

19

19

100%

January 2017

9

9

100%

 

Objective and Measure

Target

9.0.14 Re-inspect properties of dogs classified as dangerous and high risk or menacing to check for compliance

Target 98%

Performance commentary for reporting period:

Performance against this indicator is measured by monitoring inspection rates for dangerous dogs. The Council currently has 66 dogs classified as dangerous. In July of each year, all properties for these dogs are inspected to ensure compliance with the legal requirements. These inspections were completed in July 2016 and accordingly the target has been exceeded with a 100% achievement rate.

 

Objective and Measure

Target

9.0.15 – Provide dog education programmes to community groups and schools

Target 45 education programmes delivered into the community per annum

Performance commentary for reporting period:

For the year to date, 12 Adult talks and 20 Dogsmart educational talks have been provided. Accordingly, 71% has been achieved with 6 months of the year to run.

 

Compliance and Investigations

Objective and Measure

Target

9.0.16 – All known earthquake waste demolition storage sites and clean fill sites inspected bi-monthly

Target 95%

Performance commentary for reporting period:

There are 17 sites covered by this performance indicator. The Unit’s monitoring team inspects these sites, in conjunction with the joint agency group WEMT (the Waste and Environmental Joint Management Team).  The inspections conducted by both the Unit and WEMT have met the bi-monthly frequency target.

 

Objective and Measure

Target

9.0.17 – Monitor all high risk Resource Management Act consents / permits at least once every six months

Target 95%

Performance commentary for reporting period:

There are currently 22 high risk resource consents that are covered by this performance indicator. The Unit’s Monitoring regime ensures that these consents are monitored once every 6 months at a minimum. Accordingly, this target is achieved.

 

Objective and Measure

Target

9.0.3 – Investigations into reports of matters that pose a serious risk to public safety are commenced within 24 hours (for Building Act and Resource Management Act matters)

Target – 100%

Performance commentary for reporting period:

Performance against this indicator is measured by monitoring the number of dangerous building complaints received. A total of 45 complaints were received relating to dangerous buildings across the relevant period. Investigations of all 45 complaints were initiated within 24 hours of the receipt of the complaints. Accordingly, this target has been achieved.

Month

Complaints Received

Investigations initiated within 24 hours

Percentage Achieved

July 2016

6

6

100%

August 2016

6

6

100%

September 2016

12

12

100%

October 2016

2

2

100%

November 2016

8

8

100%

December 2016

4

4

100%

January 2017

7

7

100%

 

Objective and Measure

Target

9.0.6 – Investigations where non-compliances of City Plan / Resource Management Act / Building Act and bylaw breaches have been confirmed, at least one written advice regarding corrective action will be issued within 15 working days

Target – 95%

Performance commentary for reporting period:

194 non-compliances and by-law breaches were confirmed across the relevant period. 194 written corrective actions were issued in relation to these non-compliances. Accordingly, this target has been achieved.

 

 

Objective and Measure

Target

9.0.7 – Minimum percentage of spa pools inspected annually

Target – 33%

Performance commentary for reporting period:

The monthly number of inspections needed to achieve this performance indicator has been met across all months except for November 2016 and January 2017. New legislation was introduced regarding child safety requirements for residential pools on 1 January 2017. The inspection regime has been scaled back subject to inspection staff receiving training and operational changes being implemented. (Refer to further discussion at para 5.3 to 5.5 below in relation to the new legislation.)

Month

Target Inspections = 240

No Attended

Percentage Achieved

July 2016

240

258

100 %

August 2016

240

260

100 %

September 2016

240

248

100 %

October 2016

240

295

100 %

November 2016

240

232

99.5%

December 2016

240

263

100 %

January 2017

240

0

0

 

Alcohol Licensing

Objective and Measure

Target

9.0.4 – Inspect all high risk alcohol premises at least twice per year (assessed using risk assessment methodology)

Target – 100%

Performance commentary for reporting period:

The Alcohol Licensing Team has identified 12 high risk premises via the assessment methodology and has conducted 28 inspections of those premises across the relevant period. They have achieved 92% of the annual target and are therefore on track to achieve the indicator in the remaining 5 months of the year.

 

Objective and Measure

Target

9.0.18 New applicants for new On/Off/Club licences attend pre-lodgement meeting to establish sufficiency of application and increase understanding of applicant's obligations in accordance with Act and its supporting regulations – Target 95%

Target – 95%

Performance commentary for reporting period:

Pre-lodgement meetings have been conducted for all applications received by the Unit for the relevant period (total 105 applications). Accordingly the target is currently exceeded and the Unit is on track to achieve the annual target.

 

Environmental Health

Objective and Measure

Target

9.0.21 – Investigations into reports of matters that pose a serious risk to public health are started within 24 hours (for matters such as Asbestos, P- Labs, contaminated land and Hazardous Substances and New Organisms - HSNO)

Target – 100%

Performance commentary for reporting period:

Six complaints of this nature have been received over the relevant period and investigations into all six of these complaints were initiated within 24 hours. Accordingly, the target is being achieved.

Month

No Received

No Attended

Percentage Achieved

July 2016

3

3

100%

August 2016

0

0

N/A

September 2016

0

0

N/A

October 2016

0

0

N/A

November 2016

3

3

100%

December 2016

0

0

N/A

January 2017

0

0

N/A

 

Objective and Measure

Target

9.0.20 Noise direction notices issued immediately upon first visit and confirmation of “excessiveness”

Target – 95%

Performance commentary for reporting period:

The data indicates that the 95% target has been achieved from July – November. The target has not been achieved for December and January. This is the busiest period for excessive noise complaints. The Environmental Health Team have identified process issues with Council’s agent as the primary cause for the target not being met. We have made a request for corrective action and are currently working with our agent to resolve the issues.

Month

No Received

No Attended

Percentage Achieved

July 2016

125

120

96%

August 2016

98

95

97%

September 2016

155

148

96%

October 2016

108

108

100%

November 2016

142

137

96.5%

December 2016

207

163

78.1%

January 2017

198

171

86.5%

 

Objective and Measure

Target

9.0.8 – Complaints in relation to excessive noise are responded to within one hour

Target – 90%

Performance commentary for reporting period:

The data indicates that the 90% target has not been achieved for the months of October – January. Process issues with Council’s agent have been identified as the primary cause for the target not being met. We are currently addressing this with the agent.

Month

No Received

No Attended

Percentage Achieved

July 2016

636

577

91%

August 2016

593

560

94%

September 2016

817

742

91%

October 2016

597

522

87%

November 2016

1049

918

87%

December 2016

1274

1084

85%

January 2017

1305

1165

89%

 

Food Safety

Objective and Measure

Target

9.0.19 Identified non-compliant food premises to be re-inspected twice within six months

Target – 100%

Performance commentary for reporting period:

13 non-compliant food premises were identified across the relevant period. 19 re-inspections have been conducted in relation to these premises in accordance with the 6 month target. A further 7 re-inspections are due to be completed in the coming months to meet the 6 month target relevant to those non-compliances. Accordingly this indicator is being achieved.

 

Objective and Measure

Target

9.0.23 – All other Health Licences are inspected bi-annually, such as Hairdressers, Funeral Directors and Camping Grounds

Target – 100%

Performance commentary for reporting period:

As at 31 January 2017, Officers have visited 62% of the relevant premises, with 5 months remaining to complete the further 38%. The Unit is therefore on track to meet this target.

 

Objective and Measure

Target

9.0.24 – Percentage of premises identified as needing to operate a Food Control Plan (FCP) to be registered with a Food Control Plan

Target – 50%

Performance commentary for reporting period:

Officers estimate the current food control plan registration rate as being greater than 80% of those premises required to transition to a food control plan by 30 March 2017.  Overall, we estimate that a total of 1700 premises will need to register a food control plan by March 2018. The total number of food control plans registered is 850. Accordingly the 50% target is being achieved in relation to both the short and long term registration timeframes prescribed by the Food Act 2014.

 

Objective and Measure

Target

9.0.25 Audit / verify Food Control Plans and National Programmes to the requirements of the Food Act 2014

Audit / verifications to be carried out within the statutory timeframe

Performance commentary for reporting period:

The Act requires audits and verifications to be completed within 1 month of a new premise opening and within 12 months of a business previously registered changing to food control plan. 467 audits and verifications have been undertaken in accordance with the statutory timeframes across the relevant period. There are no outstanding audits and verifications required that have not met the prescribed timeframes. Accordingly this target has been met.

 

Objective and Measure

Target

9.0.26 Investigate food safety complaints

Target 95% of complaints have an investigation initiated within 2 days

Performance commentary for reporting period:

The team receives and allocates complaints received on a daily basis (Monday – Friday). Accordingly this target is met.

 

Objective and Measure

Target

9.0.27 Monitor food safety and sale in operations that may or may not operate under a Food Control Plan or National Programme

Target to conduct at least one monitoring programme of food operations registered to assess compliance

Performance commentary for reporting period:

The team has conducted monitoring programmes at 3 events and 2 markets for the year to date. Accordingly, this target is being exceeded.

 

Objective and Measure

Target

9.0.5 Inspect registered food premises once per year

Target 75%

Performance commentary for reporting period:

As at 31 January 2017, Officers have inspected 44% of registered food premises, with a further 5 months to inspect the additional 31% required to meet the target. Accordingly, the team is on track to achieve this indicator.

 

5.   Compliance Activity Snapshots

 

Freedom Camping

5.1       The Compliance and Investigation team has been conducting daily Freedom camping monitoring inspections since the Freedom Camping Bylaw came into effect on 5 December 2016.  There are daily inspections of the Christchurch City and Banks Peninsula areas by two compliance officers that commence at 6am.

5.2       The team has issued a total of 66 infringement notices since monitoring began.  There has been a noticeable reduction in the number of complaints received in relation to freedom camping. The number of non-compliant campers to date is approximately half compared with the same period last year. This can be attributed to the increased awareness of the Bylaw, and the deterrent effect of active compliance and enforcement activities.

Introduction of the Building (Pools) Amendment Act 2016

5.3       The Building (Pools) Amendment Act 2016 transitions the administration of swimming pool safety requirements to the Building Act 2004. In general, the nature and purpose of the regime has not been altered - it continues to have child safety as its primary purpose; and Territorial Authorities continue to have the primary compliance and enforcement responsibility.

5.4       The key substantive changes introduced by the amendments are:

5.4.1   A shift to restrictions that rely on performance based standards contained in the Building Code, as opposed to provisions that prescribe fencing as the only compliant means of restricting access.

5.4.2   An express responsibility on Territorial Authorities to periodically inspect swimming pools once every three years.

5.4.3   The introduction of an independently qualified pool inspector regime.

5.5       The Unit’s inspection regime has been scaled back while Compliance Officers receive training in how to interpret and apply the new requirements. As part of our transition to the new law, the Unit is also revising our inspection regime in relation to inspection fees (charged for every inspection) and our enforcement response to identified non-compliances (now addressed via a Notice to Fix under the Building Act 2004). 

 

 

Case Study – Example of VADE Model Compliance Response

5.6       In March 2016 the Unit received a complaint in relation to unapproved building work at a residential property. The occupants had constructed a shed that was being used as living accommodation for 5 people including 3 children. The water supply was obtained via a garden hose; and effluent and grey water was being discharged directly to ground.

5.7       Compliance Officers had serious concerns in relation to both the nature of the structure and the unsanitary living environment. Early contact was made with the main occupant who was encouraged to achieve voluntary compliance.  

5.8       The occupant declined to take any steps to achieve compliance at the site. Council Officers issued a Notice to Fix in April, and a second Notice and Infringement in May due to ongoing inaction by the occupant.

5.9       Given the serious nature of the conduct and ongoing inaction by the occupant, Council applied to the District Court for an order to carry out work to remedy the issues on site. This was effected on 8 December 2016 and the building was converted to a shed suitable for storage or garden use only. Council is continuing to monitor activities at the site.

Unregistered Dogs Campaign

5.10    In February 2017, the Council’s Animal Management Team launched a campaign designed to identify unregistered dogs.

5.11    Every dog owner has a legal responsibility to register their dogs by 1 July each year. Approximately 35,000 dogs have already been registered. The campaign is designed to identify unregistered dogs unknown to Council via a door knocking campaign in randomly selected suburbs.

5.12    The failure to register a dog can result on a fine of $300 and the requirement to register. The campaign includes an amnesty on fines for a limited period to provide an incentive for owners to voluntarily comply with dog registration requirements.

 

Attachments

There are no attachments to this report.

 

Confirmation of Statutory Compliance

Compliance with Statutory Decision-making Requirements (ss 76 - 81 Local Government Act 2002).

(a) This report contains:

(i)  sufficient information about all reasonably practicable options identified and assessed in terms of their advantages and disadvantages; and

(ii) adequate consideration of the views and preferences of affected and interested persons bearing in mind any proposed or previous community engagement.

(b) The information reflects the level of significance of the matters covered by the report, as determined in accordance with the Council's significance and engagement policy.

 

Signatories

Author

Claire Le Grice - Principal Advisor - Regulatory Compliance

Approved By

Leonie Rae - General Manager Consenting and Compliance