Bylaw Hearings Panel

Water Supply, Wastewater and Stormwater Bylaw Review

AGENDA

 

 

Notice of Meeting:

A Bylaw Hearings Panel meeting will be held on:

 

Date:                                    Friday 25 March 2022

Time:                                   11.30am

Venue:                                 via audio/visual link

 

Under the current provisions of the Covid-19 Protection Framework (the Traffic Alert system) public attendance at the meeting is only available by an audio-visual link. Please request access details from andrew.campbell@ccc.govt.nz.

 

Panel

Members

Councillor Pauline Cotter

Councillor Celeste Donovan

Councillor Phil Mauger

 

 

22 March 2022

 

 

 

 

 

Andrew Campbell

Committee & Hearings Advisor

941 8340

andrew.campbell@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/

 


Bylaw Hearings Panel

25 March 2022

 

 


Bylaw Hearings Panel

25 March 2022

 

TABLE OF CONTENTS

 

1.        Apologies Ngā Whakapāha................................................................................. 4  

2.        Election of a Chairperson Te Whakatū Poumua...................................................... 4

3.        Declarations of Interest Ngā Whakapuaki Aronga.................................................. 4 

Staff Reports

4.        Submissions on the Proposed Replacement Bylaws for the Council's Three Waters Services........................................................................................................... 5

5.        Volumes of Submissions................................................................................... 43   

6.        Hearing of Submissions Ngā Tāpaetanga........................................................... 325

7.        Consideration and Deliberation Ngā Whaiwhakaaro me Ngā Taukume o Ngā Kōrero 325

8.        Hearings Panel Recommendations Ngā Tūtohu o Te Tira Tauaki........................... 325

 

 


Bylaw Hearings Panel

25 March 2022

 

 

1.   Apologies Ngā Whakapāha

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

2.   Election of a Chairperson Te Whakatū Poumua

         At the start of the meeting a Chairperson will be elected.

3.   Declarations of Interest Ngā Whakapuaki Aronga

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.


Bylaw Hearings Panel

25 March 2022

 

 

4.     Submissions on the Proposed Replacement Bylaws for the Council's Three Waters Services

Reference Te Tohutoro:

22/183467

Report of Te Pou Matua:

Jenna Marsden, Senior Policy Analyst, Jenna.Marsden@ccc.govt.nz
Helen Beaumont, Head of Three Waters, Helen.Beaumont@ccc.govt.nz

General Manager Pouwhakarae:

Lynn McClelland, Assistant Chief Executive Strategic Policy and Performance, Lynn.McClelland@ccc.govt.nz

 

 

1.   Purpose of the Report Te Pūtake Pūrongo

1.1       The purpose of this report is to provide a summary of the submissions received during consultation on the proposed Water Supply and Wastewater Bylaw 2022 and the proposed Stormwater and Land Drainage Bylaw 2022. This report has been prepared to support the work of the Hearings Panel, and contains some advice in relation to feedback received to support the Panel’s deliberations.

1.2       The decisions in this report are of low significance in relation to the Christchurch City Council’s Significance and Engagement Policy. The level of significance was determined on the basis that this report contains information only. A subsequent report to the Council will contain the Hearings Panel’s recommendations on the final form of the bylaw, for Council decision.

2.   Proposed Officer Recommendations  Ngā Tūtohu

2.1       That the Hearings Panel receive this report to support the hearings and deliberations process.

3.   Background Te Horopaki

3.1       The review of the Council’s Water Supply, Wastewater and Stormwater Bylaw 2014 was initiated due to new regulatory requirements for drinking water, and the new resource consent the Council holds for the discharge of stormwater to the environment[1].

3.2       The Council has proposed the 2014 Bylaw is replaced with two separate bylaws – one for water supply and wastewater, and the other for stormwater and land drainage.

3.3       The Three Waters Infrastructure and Environment Committee considered the review of the bylaw on 10 November 2021, and approved the two draft bylaws for consultation.

3.4       The Committee report (10 November 2021, items 9-11) contains background information about the review of the bylaw, reasons for the proposed changes to the bylaw, and the required legislative considerations. It also includes the two Statements of Proposal – one for the proposed Water Supply and Wastewater Bylaw 2022, and the other for the proposed Stormwater and Land Drainage Bylaw 2022.

3.5       The Local Government Act 2002 (the Act) sets out the authorising provisions for bylaws, as well as the process, considerations and requirements for making a new bylaw, or proposing changes to a bylaw.

3.6       This report supports the Special Consultative Procedure that is required under the Act when proposing significant changes to a bylaw or making a new bylaw.

3.7       The Special Consultative Procedures for each draft bylaw were run together, resulting in this joint report and submissions considerations.

Statutory power to make bylaws

3.8       The two bylaws are made under sections 145 and 146 of the Local Government Act 2002, and these sections together form the scope of matters the bylaw can regulate.

3.9       Section 145 is the more general bylaw-making power, for the purposes of:

·        protecting the public from nuisance

·        protecting, promoting, and maintaining public health and safety; and

·        minimising the potential for offensive behaviour in public places

3.10    Section 146(b) is the activity specific bylaw-making power and enables bylaws to be made to protect water supply, wastewater and stormwater infrastructure from damage and misuse[2].

3.11    There are legal determinations which must be considered by the Council when reviewing and making bylaws. These are set out under section 155 of the Act and are:

·        whether the bylaw is the most appropriate way to address a perceived problem

·        whether the bylaw is the most appropriate form of bylaw

·        whether the bylaw gives rise to any implications under the New Zealand Bill of Rights Act 1990.

3.12    These matters are considered and addressed in the bylaw review report and section 155 analysis attached to the 10 November Committee Report.

4.   Community Views and Preferences Ngā mariu ā-Hāpori

Public Consultation Te Tukanga Kōrerorero

4.1       Submissions on the bylaw proposals opened on 29 November 2021 and closed on 9 February 2022.

4.2       Consultation information was available on the Council’s Have Your Say website. Emails and letters were sent to around 600 identified stakeholders, highlighting that the consultation was open, summarising key messages based on the type of stakeholder, and advertising the Industrial Stormwater Discharge Licence information session.

4.3       A Newsline story was published on 29 November 2021 and a second, reminder story on 1 February 2022. These were shared to the Council’s Facebook page and received 5 likes and 6 comments – all relating to the Government’s Three Waters Reform or fluoride in the water supply and not to the bylaw proposals.

4.4       An information session on the Industrial Stormwater Discharge Licence was held on 1 February 2022. 19 representatives from organisations attended this.

4.5       Ngāi Tahu and the Papatipu Rūnanga were identified as key stakeholders in the review of these bylaws, and contacted to provide feedback. Mahaanui Kurataiao Ltd (MKT) sought feedback from the Papatipu Rūnanaga and made a joint submission on their behalf (submission number: 45012 ). Prior to the formal special consultative procedure, MKT were approached in January 2021 to facilitate advice from the Papatipu Rūnanga on the direction of the upcoming bylaw review. This was discussed with the Rūnanga at the time and resulted in some brief verbal feedback which was considered prior to the draft bylaws being adopted.

Summary of Submissions Ngā Tāpaetanga

4.6       Twenty-seven submissions were received. Sixteen indicated they would like to be heard.

4.7       Submitters comprised of 8 individuals, 5 Community Boards, 4 community environmental organisations, 4 businesses, 3 industry bodies, the Canterbury Regional Council, the Canterbury District Health Board and Mahaanui Kurataiao.

4.8       A brief summary of feedback on the bylaw proposals is provided below. Attachment A provides a more comprehensive summary of submissions, accompanied by staff advice, intended to support the work of the Hearings Panel.

4.9       Most of the proposed changes were broadly supported by submitters, with suggestions for change in some areas. The main areas of contention were:

·        Industrial Stormwater Discharge Licence: Half of submitters commenting on this proposal supported it, but key concerns raised were the justification for fees and the lack of implementation detail.

·        Stormwater quality standards: One third supported this proposal as is, while the others had concerns around the uncertainty of what these standards might be.

4.10    Summary of feedback on the key proposals of the draft Water Supply and Wastewater Bylaw 2022:

Proposal

Balance of Submissions

Comment

Backflow prevention

A new requirement to notify change in activity or to provide information, (cl.18).

Submitters supported this proposal.

All submitters commenting on this proposal are in support.

Prohibition of certain equipment that may cause pressure surges

Submitters supported this proposal.

Most submitters commenting on this proposal are in support.

Aerial applications

A new requirement to notify Council if undertaken near community drinking water protection zones.

Overall this proposal is supported by the majority of submitters.

Two submitters sought clarification on the notification process; or whether it applies to drone technologies. One submitter suggested Papatipu Rūnanga are also notified.

Notification of chemical spills near community drinking water zones

A new requirement to notify the Council of spills near community drinking water protection zones

Overall this proposal is supported by submitters.

MKT recommend they are also notified of spills within or near sites of significance.

Banks Peninsula supplementary water storage tanks

A change to allow one tank to meet multiple regulatory purposes.

Submitters supported this proposal.

All submitters commenting on this proposal are in support.

Water wastage

New clause making water wastage an offence.

Overall this proposal is supported by the majority of submitters.

Some submitters raised concerns regarding how “excessive” will be defined and applied, including not penalising tenants. Two requested the Council lead by example by promptly addressing network leaks.

Water meter accessibility

A new requirement to be installed on Council land; and authority to relocate the meter.

Submitters supported this proposal.

All submitters commenting on this proposal are in support. One submitter recommends contingency not to charge for meter relocation if, for any reason, the location is not under the control of the householder.

Tree roots – damage to network infrastructure

Prohibits planting in locations where it is likely to cause damage; and requires removal/trimming if found to be restricting access or causing damage.

Overall this proposal appears to be supported by the majority of submitters, but concerns were raised.

Concerns were raised about it being difficult to comply with (i.e not knowing requirements or where underground services are), and whether the costs associated are fairly allocated.

Prohibited waste

Strengthened provisions around what is not permitted to be disposed of into the wastewater network, including defining what is considered “prohibited waste”.

Overall, this proposal is supported by submitters.

Some submitters thought this clause should be strengthened (i.e: no exceptions) and well-promoted.

New application and approval clauses for wastewater

Overall, this proposal is supported by submitters.

One submitter seeks clearer links with the Council’s Trade Waste Bylaw.

 

4.11    Summary of feedback on the key proposals of the draft Stormwater and Land Drainage Bylaw 2022:

Proposal

Balance of Submissions

Comment

Industrial Stormwater Discharge Licence

A new requirement for all industrial premises (where business activity has the potential to contaminate stormwater) to obtain an Industrial Stormwater Discharge Licence (ISDL), pay an annual risk-based fee, and be subject to audits and monitoring.

Overall, views were mixed on the ISDL proposal.

Half of the submitters supported the proposal (either fully or specified elements of) and the other half highlighted concerns.

Concerns were primarily centred on the justification of the proposed fees and insufficient implementation details.

One submitter proposed the ISDL should also control for zinc contamination (ie: runoff from large roofs).

Requirements for Earthworks (ESCPs)

Requirement for Erosion and Sediment Control Plans for earthworks where this is not otherwise required through a building or resource consent. The bylaw provisions are part of a new, wider system for the better-management of erosion and sediment from development sites.

Overall, this proposal is supported by the majority of submitters.

Some submitters raised concerns about threshold requirements or the scope of work covered by the definition of “earthworks”.

Notification of spills

A new requirement to notify the Council of any spills or discharges of prohibited substances.

Submitters supported this proposal.

One submitter suggested Council consider a self-reporting platform to manage notifications.

Prohibited substances must not enter the network

Strengthened provisions around what is not permitted to be disposed of into the stormwater network, including defining “prohibited substances”.

Overall, submitters supported this proposal.

A number of submitters highlighted the need for public education.

MKT requested they are also notified of spills within or near sites of significance.

Two submitters sought tighter definition of “prohibited substance” (eg: specified substances or limits).

Stormwater Quality Standards

Improved clarity around potential standards that may be made by resolution of the Council (i.e. what they might include and how they might apply)

Overall, views of submitters on this proposal were mixed. The majority commenting on this clause of the bylaw raised concerns.

One third supported this proposal as is, while the others had concerns around the uncertainty of what these standards might be.

Maintenance of Private Stormwater Devices

A new requirement for property owners where private stormwater devices (e.g. sediment traps) have been required, to maintain the device in good operating condition, and to make operation and maintenance records available to the Council on request

Submitters supported this proposal.

All submitters commenting on this proposal are in support.

Drainage from springs and artesian wells

New clause prohibiting the flow or discharge of water from an artesian spring or well on a private property from entering a neighbouring property, and clarifying it is the responsibility of the property owner (with the spring or well) to remedy the drainage issue.

Overall the majority of submitters supported this proposal.

Some submitters highlighted the importance of protecting waipuna/springs, which may appear to be in conflict with this clause.

Setbacks for activities near waterways

Proposal to increase the setback distance from waterways for certain activities (eg: building structures) from one metre to three meters.

Overall the majority of submitters appear to support this proposal

Some submitters consider the proposal is too restrictive – either due to the setback distance or the number and type of activities that are controlled.

 

4.12    Other issues raised by submitters include:

Suggestion

Summary

Number of submitters

Requests to use the bylaw to control other contaminants in stormwater

Zinc and copper – either via stormwater quality standards or as part of the ISDL system

2

 

4.13    Summary of feedback on clauses that appear in both bylaws:

Proposal

Balance of Submissions

Comment

Maintenance Access Corridors

Ensuring access to any part of the water supply, wastewater or stormwater network for maintenance purposes, particularly where the infrastructure is in non-Council land, and an easement does not exist. Restricts some activities within the Maintenance Access Corridor.

Overall, feedback on this proposal was mixed.

Two submitters supported this proposal, and three had concerns that it was overly-restrictive, or that there should be exceptions.

Requirement to maintain and repair private wastewater and stormwater laterals.

A new requirement for property owners to maintain private drains and investigate and rectify issues.

Overall, this proposal is supported by the majority of submitters.

Some submitters highlight the need to raise public awareness.

Some submitters raised concerns that the clause was unreasonable, that the cost to remedy might be high, or that people were unlikely to be aware of the state of their pipes.

 

4.14    Other changes recommended by staff

4.15    There are some minor changes to the draft bylaws recommended by staff that are not related to consultation feedback. There are largely points of clarification or correcting drafting errors. Attachment B contains details of these suggested changes to each draft bylaw, for the Hearings Panel to consider.

5.   Details Te Whakamahuki

Decision Making Authority Te Mana Whakatau

5.1       The decision-making authority for bylaws sits with the Council and cannot be delegated to a Committee of Council or other body. The role of the Hearings Panel is to consider and hear submissions, deliberate on those matters raised, and make recommendations to the Council on the final form of the bylaw.

Legal Implications Ngā Hīraunga ā-Ture

5.2       To this point, the legislative requirements of the Special Consultative Procedure have been met.

5.3       Submissions made on the proposals should be received by the Hearings Panel with and open mind and should be given due consideration.

5.4       When deliberating on submissions, the Hearings Panel should keep in mind the Council’s bylaw-making powers, and the scope of the consultation proposals. Significant changes from original proposals may require further consultation.

Risks Ngā Tūraru

5.5       With any bylaw-making process, there is always a risk that members of the public or organisations may not agree with the proposals finally adopted by the Council, and seek judicial review proceedings. This risk can be managed by careful compliance with the provisions of the Act, and common law relating to bylaws.

Next Steps Ngā Mahinga ā-muri

5.6       The Hearings Panel will consider the matters raised in submissions, deliberate on those matters, seek any further advice from staff, and make recommendations to the Council on the final form of the bylaws.

Attachments Ngā Tāpirihanga

No.

Title

Page

a

Summary of submissions and advice for deliberations on the proposed replacement bylaws - for Hearings Panel

13

b

Minor Changes to Draft Bylaws Recommended by Staff - for Hearings Panel

41

 

 

Confirmation of Statutory Compliance Te Whakatūturutanga ā-Ture

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 Ngā Kaiwaitohu

Authors

Jenna Marsden - Senior Policy Analyst

Hannah Ballantyne - Engagement Advisor

Teena Crocker - Senior Policy Analyst

Vivienne Wilson - Senior Legal Counsel

Will Rowson - Team Leader Water Services

Clive Appleton - Healthy Waterways Programme Lead

Approved By

Helen Beaumont - Head of Three Waters

David Griffiths - Head of Strategic Policy & Resilience

Lynn McClelland - Assistant Chief Executive Strategic Policy and Performance

  


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Bylaw Hearings Panel

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Bylaw Hearings Panel

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5.     Volumes of Submissions

Reference / Te Tohutoro:

22/326122

Report of / Te Pou Matua:

Andrew Campbell, Committee and Hearings Advisor, Andrew.Campbell@ccc.govt.nz

General Manager / Pouwhakarae:

Lynn McClelland, Assistant Chief Executive, Strategic Policy and Performance, Lynn.McClelland@ccc.govt.nz

 

 

1.   Purpose Te Pūtake Pūrongo 

1.1       The purpose of this report is to collate, for the consideration of the Hearings Panel, the timetable of submitters to speak at the hearing, in response to the consultation on the Water Supply, Wastewater and Stormwater Bylaw Review.

1.2       The items are as follows:

1.3       Attachment A – Timetable of submitters to be heard.

1.4       Attachment B – Table of submitters who have asked to be heard in person by the Hearings Panel, and those who have indicated they no longer wish to be heard.

1.5       Attachment C – Table of submitters who indicated they did not wish to be heard by the Hearings Panel.

1.6       Note, that the Local Government Act 2002 requires, as one of the principles of consultation, that “the views presented to the local authority should be received by the local authority with an open mind and should be given by the local authority, in making a decision, due consideration” (section 82(1)(e)).

 

2.   Officer Recommendations Ngā Tūtohu

That the Hearings Panel:

1.          Accepts the written submissions, including any late submissions, received on the Water Supply, Wastewater and Stormwater Bylaw Review.

 

Attachments Ngā Tāpirihanga

No.

Title

Page

a

Timetable of Submitters

44

b

Table of Heard Submissions

45

c

Table of Not Heard Submissions

300

 

 


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6.      Hearing of Submissions Ngā Tāpaetanga

 

Submitters who indicated that they wished to be heard in person will present to the Hearings Panel. A schedule of presenters can be found in Attachment A of the Volumes of Submissions.

 

7.      Consideration and Deliberations Ngā Whaiwhakaaro me Ngā Taukume o Ngā Kōrero

 

At the conclusion of submitters being heard, the Hearings Panel will consider all submissions received on the proposal, and any additional information provided by submitters and Council Officers.

The Hearings Panel will then deliberate on the proposal.

 

8.      Hearings Panel Recommendations Ngā Tūtohu o Te Tira Tauaki

 

At the conclusion of deliberations the Hearings Panel will make a recommendation on the Water Supply, Wastewater and Stormwater Bylaw Review to the Council.

 

 

 

 

 



[1] CRC214226: A comprehensive Resource Consent to Discharge Stormwater from within Christchurch City onto or into Land, into Water and into Coastal Environments. The Comprehensive Stormwater Network Discharge Consent (CSNDC) was granted in December 2019. It is a resource consent granted under Environment Canterbury’s Land and Water Regional Plan, and enables the Council to discharge stormwater from its reticulated stormwater network to land and water.

[2] 146(1)(b) says that a territorial authority may make bylaws for its district for the purposes of managing, regulating against, or protecting from damage, misuse, or loss, or for preventing the use of, the land, structures or infrastructure associated with water supply, and wastewater drainage and sanitation; and land drainage.