Hearings Panel
Naming Policy and Outdoor Dining Policy
AGENDA
Notice of Meeting:
A Hearings Panel meeting will be held on:
Date: Friday 6 October 2023
Time: 9.00am
Venue: Committee Room 1, Level 2, Civic Offices,
53 Hereford Street, Christchurch
Panel
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Members |
Councillor Kelly Barber Councillor Aaron Keown Councillor Mark Peters |
2 October 2023
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Andrew Campbell
Democratic Services Advisor
03 941 8340
ccc.govt.nz
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Hearings Panel 06 October 2023 |
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Hearings Panel 06 October 2023 |
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TABLE OF CONTENTS NGĀ IHIRANGI
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. Summary of submissions on proposed Naming Policy............................................ 5
5. Summary of submissions on Outdoor Dining in Public Places Policy....................... 19
6. Volumes of Submissions - Naming Policy and Outdoor Dining Policy....................... 31
7. Hearing of Submissions Ngā Tāpaetanga........................................................... 138
8. Consideration and Deliberation Ngā Whaiwhakaaro me Ngā Taukume o Ngā Kōrero 138
9. Hearings Panel Recommendations Ngā Tūtohu o Te Tira Tauaki........................... 138
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Hearings Panel 06 October 2023 |
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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.
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Hearings Panel 06 October 2023 |
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Reference / Te Tohutoro: |
23/1514036 |
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Report of / Te Pou Matua: |
Ruth
Littlewood, Senior Policy Analyst (Ruth.Littlewood@ccc.govt.nz) |
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Senior 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 outline the consultation process on the draft Naming Policy and to briefly summarise the submissions received during consultation. This report is intended to support the Hearings Panel in its deliberations.
1.2 The Panel’s role is to consider all submissions, to receive staff advice and to make recommendations to the Council on the final form of the Naming Policy.
1.3 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 is an information report to support the work of the Panel.
2. Proposed Officer Recommendations Ngā Tūtohu
2.1 That the Hearings Panel recommends that Council:
2.1.2 Considers the matters raised in submissions, deliberates on those matters, seeks any further advice from staff, and makes recommendations to the Council on the final form of the Naming Policy.
3. Background Te Horopaki
3.1 While the authority for giving official names to settlements, suburbs, localities and geographic features sits with Toitū Te Whenua/ LINZ and the Ngā Pou Taunaha o Aotearoa/New Zealand Geographic Board, the Council is responsible for naming public and private roads in the Christchurch district, parks under the Council’s control and Council-owned facilities.
3.2 Currently the Council’s policy for naming places can be found in two 1993 policies, the Roads-and-rights-of-way-naming policy and the Naming-of-reserves-and-facilities policy.
The review of the current naming policies
3.3 The Council’s community boards which hold delegations from Council for naming roads, parks and facilities within their areas, have sought better guidance for their decisions on naming places and have supported the review of the current policies.
3.4 The current policies provide little guidance on the future naming of roads, parks, and facilities. Shortcomings include:
- a lack of criteria for the assessment of names,
- an absence of guidance on the appropriate use of Māori names, including gifted or dual names,
- the lack of guidance for changing or altering names and where this is appropriate,
- a lack of alignment with the Council’s (more recent) strategy framework including the Council’s Multicultural and Heritage strategies.
3.5 The proposed policy (Attachment A) has been developed with the involvement of the Tiriti Relationships team and with staff from Legal, Parks, Planning (resource consents), Transport Operations, the facilities establishment team of the Recreation Sports and Events unit and the Community Support and Partnership unit.
Key features of the proposed replacement naming policy
3.6 The draft policy for the naming of roads, open spaces (parks and reserves) and facilities aligns with current Council practices in naming and:
· provides criteria for naming which emphasises the importance of local identity, particular environments and diverse social and cultural heritage,
· identifies the types (characteristics) of names which are not consistent with the Policy’s criteria and therefore should not be approved,
· takes on board the guidance from our mana whenua partners,
· provides for the acceptance of gifted names without further consultation,
· allows for dual names ( and English) for park and facilities but is not directive as to when dual names should be adopted.
· outlines the criteria for consideration and approval of proposals to rename or to alter names.
Guidance for the naming process
3.7 Alongside the policy, staff are preparing a guide to the naming procedures for applicants and other interested parties, outlining the steps for the naming of roads, parks, and facilities. Staff propose to table the draft guide to the naming process for the information of the Hearings Panel.
4. Community Views and Preferences Ngā mariu ā-Hāpori
Public Consultation Te Tukanga Kōrerorero
4.1 On 5 July 2023, the Council approved the proposed replacement naming policy for consultation.[1] Consultation started on 7 August and ran until 27 August 2023. Email contact was made with 108 key stakeholders including Ngā Paptipu Rūnanga, businesses, relevant government agencies and via internal staff in the parks, transport and heritage units. Submissions were invited online through Social Pinpoint platform by email and by phone call. A printed copy of the Draft Naming Policy was available at Christchurch City Council Service centres and printed submission forms for those wanting to make a handwritten submission were available upon request.
4.2 The consultation was featured on Newsline (30 June 2023 & 7 August 2023), reshared on Otago Daily Times (7 August 2023), and shared on Council social media sites, such as Facebook , Councillor Sara Templeton’s Facebook page, reddit Ōtautahi/Christchurch, and the Halswell Community Facebook Group.
4.3 A total of 34 submissions were received.
4.4 Supplementary to the submission form, the online platform also sought engagement through Social Pinpoint Quick Poll. This engagement tool provided quick pulse check on opinions and preferences in the community, posing the simple question, What is important to you when it comes to naming an entity? The public were then able to answer from a set of pre-defined response options based on the main themes of the Draft Naming Policy. These themes were: Have a meaningful connection to locality, Local identity, Acknowledge mana whenua, and Cultural heritage. A total of 142 visitors left feedback on the Social Pinpoint Quick Poll.
4.5 Over a third of voters 45.77% (65) thought having a meaningful connection to locality was the most important factor when naming an entity, followed by Local identity at 33.1% (47), and Acknowledge mana whenua at 15.49% (22). Cultural heritage came in last with 5.63% (8) of votes.
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Summary of Submissions Ngā Tāpaetanga
4.6 As noted above, 34 submissions were collected, with 50% (17) of submitters fully supporting the proposal. There were four submissions which were ‘somewhat in support’ of the policy, four submitters who were ‘not sure’ about the policy while nine submitters opposed the proposed updated policy.
4.7 Submissions were received from four community boards, Cass Bay and Halswell residents’ associations, the Disabled Persons Assembly and Te Mana Ora. The submissions from these eight organisations fully support the proposal as do submissions from nine individual submitters.
4.8 While submissions in support of the proposed policy referred to the provisions of the policy, the opposing submissions generally do not relate to the content of the policy. The submitters which oppose the updated policy generally consider that any alteration to the current policy framework is unnecessary, and they are concerned about name changes and about the use of Te Reo Māori.
4.9 Eight submitters have indicated that they want to be heard; these are four community boards, Cass Bay and Halswell residents’ associations, the Disabled Persons Assembly and an individual submitter (ID 6132).
4.10 In addition to supporting the policy provisions, submitters raised concerns which suggest that the clarity of the policy could be improved e.g., through the addition of further explanatory notes. A version of the draft Naming Policy incorporating minor amendments recommended by staff will be tabled at the hearing.
4.11 A number of submission points relate to matters outside the scope of the Naming Policy. These submissions relate to the process followed for naming, the current delegations for naming and concerns about names for which the Council has no authority, e.g., a name given to a suburb. For the information of the Panel, staff are also preparing an attachment to the meeting agenda addressing the ‘out of scope’ submission points.
5. Details Te Whakamahuki
Decision Making Authority Te Mana Whakatau
5.1 The decision-making authority for the policy sits with the Council and is not delegated to panel. 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 policy.
Legal Implications Ngā Hīraunga ā-Ture
5.2 Submissions made on the proposals should be received by the Hearings Panel with an open mind and should be given due consideration.
5.3 When deliberating on submissions, the Hearings Panel should keep in mind the Council’s powers to make a policy, and the scope of the consultation materials. Significant changes from the original proposals may require further consultation.
Risks Ngā Tūraru
5.4 With any 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 file judicial review proceedings. This risk can be managed by careful compliance with the provisions in the LGA, and the common law.
Next Steps Ngā Mahinga ā-muri
5.5 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 Naming Policy.
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No. |
Title |
Reference |
Page |
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a ⇩ |
Draft Naming Policy |
23/1604765 |
10 |
Confirmation of Statutory Compliance Te Whakatūturutanga ā-Ture
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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
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Authors |
Ruth Littlewood - Senior Policy Analyst Irene MacArthur - Engagement Advisor Maryem Al Samer - Legal Counsel Jenna Marsden - Senior Policy Analyst |
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Approved By |
David Griffiths - Head of Strategic Policy & Resilience |
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06 October 2023 |
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1. Purpose of the Report Te Pūtake Pūrongo
1.1 The purpose of this report is to outline the consultation process on the draft Outdoor Dining in Public Places Policy (the Policy), and to briefly summarise submissions received during consultation This report is intended to support the Hearings Panel in its deliberations on those submissions.
1.2 The Panel’s role is to consider all submissions, to receive staff advice and to make recommendations to the Council on the final form of the Policy.
1.3 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 is an information report to support the work of the Panel.
2. Proposed Officer Recommendations Ngā Tūtohu
2.1. That the Hearings Panel:
2.1.1 Receives the information within this report and considers the written and oral submissions made as part of the public consultation process.
2.1.2 Considers the matters raised in submissions, deliberates on those matters, seeks any further advice from staff, and makes recommendations to the Council on the final form of the Summary of submissions on Outdoor Dining in Public Places Policy.
3. Background Te Horopaki
3.1 The Council currently manages outdoor dining using two dated and overlapping policies: the Footpath Extensions to Expand Cafes onto the Roadway Policy 1998 and the Public Street Enclosures Policy 2006.
3.2 Neither of these policies is well aligned with the Public Places Bylaw under which (outdoor dining) licences are issued nor with other relevant policies such as our Structures on Roads Policy 2020.
3.3 The review of the 1998 and 2006 policies concluded that they are difficult for the business community to understand, hard for staff to apply, and do not adequately address important issues; such as making footpaths and outdoor dining areas ‘accessible’ for all pedestrians and that licenced outdoor dining areas are managed in a manner consistent with Council’s Smokefree and Vapefree Public Places Policy 2020.
3.4 On 7 June 2023 the Council approved for public consultation the draft Outdoor Dining in Public Places Policy (Attachment A). The Policy is intended to:
· enable outdoor dining in public places,
· balance public and private interests in use of the road,
· protect essential public interests such as accessibility of footpaths,
· provide a clear management framework for outdoor dining as a form of trading in a public place under the Public Places Bylaw, and
· ensure businesses operating outdoor dining areas on private or leased land are not disadvantaged in comparison with licensed outdoor dining operations in public places.
3.5 The draft Policy introduces new requirements for licensees:
· to display smokefree and vape free signage and to remove ashtrays or other receptacles for smoking or vaping litter. This requirement gives effect to the Council’s 2020 Smokefree and Vapefree Policy which identified licenced footpaths for outdoor dining as key areas to make smokefree and vapefree;
· to ensure that their outdoor dining areas are accessible for all pedestrians including users of wheelchairs and mobility devices, consistent with the Council’s Equity and Access for People with Disabilities Policy 2001;
· to provide an accessible pathway alongside outdoor dining areas on the footpath consistent with Waka Kotahi guidance. This is a more flexible requirement than the equivalent 2006 policy provision recognising that appropriate standards can vary depending on the amount of pedestrian traffic on a road;
· to manage all waste and litter associated with the outdoor dining activity; licensees are not to use the Council’s (street) rubbish bins for disposing of waste and litter.
· In addition, the policy provides for licences to have a defined term (of up to three years) rather than the current open-ended term. This allows for the regular review of licences to address changes in circumstances, to address any complaints about the operation of an outdoor dining area and to cater for changes to the licensee’s business itself e.g., alteration of the layout, furniture and hours of operation.
Draft guidelines and standard conditions
3.6 Alongside the Policy, staff have prepared new guidance material for the design and operation of outdoor dining areas including draft standard conditions for outdoor dining licences. As part of the ‘Letstalk’ consultation, comments were invited on this guidance material. An analysis on the feedback received on the guidelines and conditions will be tabled at the hearing for the information of the panel.
4. Community Views and Preferences Ngā mariu ā-Hāpori
Public Consultation Te Tukanga Kōrerorero
4.1 Early engagement with disability, accessibility, and business groups started in April 2023.
4.2 At early meetings staff shared the draft policy for initial feedback. Stakeholder feedback was generally positive from disability and accessibility groups and in this initial consultation period business groups did not express concerns about the policy.
4.3 Formal consultation started on 7 August and ran until 28 August 2023. An email was sent to over 300 key stakeholders, including affected licence holders, business associations, resident associations, accessibility, and disability groups.
4.4 Current licence holders also received a notification letter about consultation.
4.5 The consultation was posted on the Council Facebook page (7,190 views) and Newsline (349 views) inviting submissions on the Let’s Talk webpage. The Let’s Talk consultation page has been viewed over 970 times.
4.6 Consultation on the policy was also featured in the Akaroa Mail and the Banks Peninsula Community board newsletter.
4.7 Consultation documents were made available in local service centres and libraries.
4.8 A webinar took place on August 16, 2023, with approximately 12 attendees. The webinar recording and Q&A document were shared online and with attendees, and the recording has since been viewed around 24 more times.
Summary of Submissions Ngā Tāpaetanga
4.9 A total of 59 submissions were received on the Policy of which eleven have indicated that they wish to be appear at the hearing. There were eight submissions made by organisations and 51 submissions from individual submitters.
4.10 Submissions in support of the proposal were made by the following organisations, the Waihoro and Waipuna community boards, NZ. Cancer Society, Te Mana Ora, Living Streets Aotearoa, Victoria Neighbourhood Association, and the Disabled Persons Assembly NZ. A submission from Hospitality NZ was received which opposes the policy requirement for outdoor dining areas to be smoke free.
4.11 Of a total of 59 submissions, 80% support the proposed Policy (36 fully; and 11 support in part), nine oppose the Policy and three neither support nor oppose the proposed Policy.
4.12 While not all submissions commented on the detail of the Policy, the proposal for outdoor dining areas to be smoke and vape free received the most support (16 submissions), followed by the requirement for footpaths and for outdoor dining areas to be fully accessible (12 submissions). Other provisions which drew positive submissions were the requirement for waste management (4 submissions) and for outdoor dining licences to have a defined term (4 submissions).
4.13 In terms of opposition to the detail of the Policy provisions, the requirement for licensees to have smoke and vape free signage and to remove ashtrays drew the largest number (10) of negative responses; submitters were particularly concerned about the effect of this proposal on the viability of hospitality businesses. The proposal for a defined (3 year) licence term was also opposed by (8) submitters who preferred either an open-ended licence term (the current situation) or a longer term e.g., 5 years.
4.14 In addition to the brief summary above, staff will provide more detailed analysis of submission points (by submitter) in an attachment to be tabled at the hearing.
5. Details Te Whakamahuki
Decision Making Authority Te Mana Whakatau
5.1 The decision-making authority for the policy sits with the Council and is not delegated to panel. 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 policy.
Legal Implications Ngā Hīraunga ā-Ture
5.2 Submissions made on the proposals should be received by the Hearings Panel with an open mind and should be given due consideration.
5.3 When deliberating on submissions, the Hearings Panel should keep in mind the Council’s powers to make a policy, and the scope of the consultation materials. Significant changes from the original proposals may require further consultation.
Risks Ngā Tūraru
5.4 With any 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 threaten judicial review proceedings. This risk can be managed by careful compliance with the provisions in the LGA, and the common law.
Next Steps Ngā Mahinga ā-muri
5.5 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 Outdoor Dining in Public Places Policy.
Attachments Ngā Tāpirihanga
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No. |
Title |
Reference |
Page |
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a ⇩ |
Outdoor Dining Policy |
23/1594900 |
24 |
Confirmation of Statutory Compliance Te Whakatūturutanga ā-Ture
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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
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Authors |
Ruth Littlewood - Senior Policy Analyst Jenna Marsden - Senior Policy Analyst Maryem Al Samer - Legal Counsel |
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Approved By |
David Griffiths - Head of Strategic Policy & Resilience |
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06 October 2023 |
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1. Purpose Te Pūtake Pūrongo
1.1 The purpose of this report is to provide the Naming Policy and Outdoor Dining Policy Hearing Panel with:
1.1.1 All submissions received on the Draft Naming Policy and the Outdoor Dining Policy.
1.1.2 A schedule of submitters who wish to speak to their submission during the hearings.
1.2 Attachment A contains a schedule of submitters who will speak to their submission on the Draft Naming Policy and the Outdoor Dining Policy during the hearings and a copy of their submission. The Waipuna Halswell-Hornby-Riccarton and Waihoro Spreydon-Cashmere-Heathcote Community Boards submitted on both polices, and their submissions will be heard together.
1.3 Attachment B contains a table of submitters who do not wish to be heard (including those submitters who originally wished to be heard, but no longer wish to be heard). Also included (in corresponding order) is a table with their submissions.
1.4 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)).
1.5 When deliberating on submissions, the Hearings Panel should keep in mind the Council’s decision-making powers and the scope of the consultation materials. Significant changes from the original proposals may require further consultation.
2. Officer Recommendations Ngā Tūtohu
That the Hearings Panel:
1. Receives the written submissions, including any late submissions, received on the Draft Naming Policy and the Outdoor Dining Policy and associated documents.
Attachments Ngā Tāpirihanga
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No. |
Title |
Reference |
Page |
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a ⇩ |
Table of submitters who wish to be heard |
23/1604828 |
33 |
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b ⇩ |
Table of Submitters who do not wish to be heard |
23/1594885 |
91 |
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06 October 2023 |
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Submitters who indicated that they wished to be heard in person will present to the Hearings Panel. A schedule of presenters can be found at the beginning of the Volume of “Heard Submissions”.
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8. 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.
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9. Hearings Panel Recommendations Ngā Tūtohu o Te Tira Tauaki |
At the conclusion of deliberations the Hearings Panel will make a recommendation on the Draft Naming Policy and the Outdoor Dining Policy to the Council.
