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Council
16 April 2024
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5. Decision-making
process for the Speed Management Plan
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Reference Te Tohutoro:
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24/440171
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Responsible Officer(s) Te Pou Matua:
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Gemma
Dioni, Principal Advisor Transportation - Safety
Hannah Ballantyne, Senior Engagement Advisor
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Accountable ELT Member Pouwhakarae:
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Jane
Parfitt, Interim General Manager Infrastructure, Planning and Regulatory
Services
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1. Purpose and Origin of the Report Te Pūtake Pūrongo
1.1 The purpose of this report is for the Council to determine
next steps following consultation (already undertaken) for the Full Speed
Management Plan (draft Safer Speed Plan) considering recent direction from
Government that there will be a revised rule in place by the end of 2024.
1.2 This report is staff originated to seek guidance on the way
forward for the Safer Speed Plan.
2. Officer Recommendations Ngā
Tūtohu
That the Council:
1. Proceed with Option 3 to pause the Hearings
Panel process until the Government provides further guidance on any new Land
Transport Rule relating to the setting of speed limits.
2. Note that a report will come back to Council
for its consideration of next steps once staff have assessed the scope and
impacts of any such new Land Transport Rule.
3. Note that the decision in this report is of
high significance in relation to the Christchurch City Council’s
Significance and Engagement Policy.
3. Executive Summary Te Whakarāpopoto Matua
3.1 The Land Transport Rule: Setting of Speed Limits 2022 (the
Rule) introduced a new way of setting speed limits.
3.2 The
Council consulted the community on the draft Safer Speed Plan in September and
October 2023. The community was advised that a Hearings Panel would be followed
by a decision being made by the Council.
3.3 On
12 December 2023, the Council received a letter from the new Minister of
Transport (Attachment A), which outlined that the previous requirement
to develop a speed management plan and any deadlines under the Rule were
revoked.
3.4 The
Government is signalling that a revised Rule will be in force by the end of
2024.
3.5 Three
options relating to process were considered, with it recommended that Option 3
be progressed: the Hearings Panel process is paused until further guidance on
any new rule is released by the Government.
4. Background/Context Te Horopaki
Interim Speed Management Plan
4.1 The
2021/31 Long Term Plan identified a number of neighbourhoods calling for safer
speeds in the areas where they live and play. This resulted in the Safe Speed
Neighbourhoods programme. This project work, while geographically spread
across the city, was consulted on as one item identified as the Interim Speed
Management Plan.
4.2 Following consultation of the Interim Speed Management Plan
(October 2022 to January 2023), and the Hearings Panel process (May 2023),
staff recommended, and the Council resolved, that other locations for speed
limit changes that were requested by residents would be addressed as part of
the long-term Speed Management Plan. These were outlined in the report to
Council dated 5 July 2023 and included other neighbourhood streets, central
city and town centres.
4.3 The speed limits approved through the Council (5 July 2023)
have been certified by NZTA Waka Kotahi and are listed on the National Speed
Limit Register.
4.4 These are currently being implemented and progress is noted
in the table below.
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Project
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Area
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Status
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School speed
limits
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Banks Peninsula
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Complete
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Banks Peninsula
Rural roads
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Banks Peninsula
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Complete
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CRAF Slow Speed
Neighbourhood
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Richmond
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Complete
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Shirley Primary,
Shirley Intermediate, Purewa Banks Avenue
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Richmond/Shirley
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Under
Construction
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CRAF Slow Speed
Neighbourhood and School speed limits
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Spreydon,
Somerfield, Beckenham and Waltham
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Under
Construction
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Former CERF Area
Slow Speed Neighbourhood and School speed limits
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Linwood,
Woolston, Bromley and Philipstown
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Under
Construction
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School speed
limits - Area A, B and C
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Remainder of
City schools.
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Under
Construction
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Draft Safer Speed
Plan
4.5 The Land Transport Rule: Setting of Speed Limits 2022 (the
Rule) introduced a new way of setting speed limits. Under Rule 3.6(1),
the Director for Land Transport (the Director) set deadlines for preparing a
long-term Speed Management Plan (SMP).
4.6 The
Council complied with the Rule by producing and engaging on a Full Speed
Management Plan to meet the deadlines set by the Director. Our Full Speed
Management Plan was developed alongside FENZ, Police, Hato Hone, Te Whatu Ora
and Waka Kotahi NZTA.
4.7 Consultation
on the draft Safer Speed Plan was undertaken in September and October 2023.
4.8 1,014
groups and individuals submitted on the draft Safer Speed Plan. Of these, over
110 indicated that they would like to speak to a Hearings Panel as part of the
decision-making process.
Directions from Government
4.9 On
12 December 2023, the Council received a letter from the new Minister of
Transport (Attachment A), which outlined considerations that Road
Controlling Authorities (RCAs) should undertake regarding changes and future
changes to the Rule. In summary:
4.9.1 The
requirement to develop speed management plans is now discretionary rather than
mandatory;
4.9.2 Any
previous deadlines for RCAs to prepare SMP’s are revoked; and
4.9.3 RCAs
no longer need to meet the previous deadlines associated with setting speed
limits outside schools as per the Rule.
4.10 The Council
received a letter from Waka Kotahi NZTA on 13 December 2023 (Attachment B)
which provided further key information on the changes. In summary, the key
points that are applicable to the Council are:
4.10.1 The Minister intends to replace
the Rule and has encouraged RCAs to wait until the new Rule is in place before
developing or submitting SMPs;
4.10.2 Speed limits which have migrated
to the National Speed Limit Register remain valid; and
4.10.3 RCAs retain the ability to
target harm reduction through safety management including Speed Management
Plans and infrastructure improvements.
Potential Implications of the new Rule
4.11 The Minister of
Transport has recently released further information about the direction for a
revised rule and an intention that it be signed into force by the end of 2024.
This includes a removal of ‘blanket’ speed reductions and direction
that economic impacts (including travel times) are taken into account alongside
safety considerations.
4.12 Other details of
relevance to local roads released to date include a proposed requirement for
variable speed limits on roads approaching schools during pick-up and drop-off
times.
4.13 Broader details
as to the new expectations and process requirements of RCAs in setting speeds
on the local network will be provided when the revised rule is out for
consultation later this year.
Process Options Considered Ngā Kōwhiringa Whaiwhakaaro
4.14 The
Council had developed a full Speed Management Plan to enable it to meet the
requirement set out in the 2022 Rule and the timeframes set under the previous
Government.
4.15 The
process options for progressing this work include:
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Option
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Advantages
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Disadvantages
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Option 1:
Continue with standard Hearings Panel process with
full Council
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· Submitters who want to are able to
present to the Panel.
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· Council will need to make a decision on
the Safer Speed Plan ahead of changes to the Rule.
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Option 2:
Hold Hearings Panel but no decision report to
Council
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· Submitters who want to are able to
present to the Panel.
· Council decision is not made until there
is clarity on the new Rule.
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· The community may have expectations of
delivery that will not be possible.
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Option 3:
Pause the Hearings Panel process.
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· Cost of the Hearings Panel will not be
incurred at this time.
· The Hearing Panel will be able to
consider submissions and feedback with knowledge of the changes to the Rule.
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· No clear timeline for changes to the
Rule.
· There is potential for a substantial
delay between the consultation and the Hearing.
· The community may have expectations for
delivery that will not be possible.
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4.16 For
clarity, all submitters have been notified that this decision-making report was
being presented to the Council and that opportunities to make a deputation on
this report, would be in relation to the decision-making process only. Should
submitters wish to speak to the details of their submission, relating to the
specifics of the draft Safer Speed Plan, the time to do so would be during the
Hearings Panel process, when it proceeds.
4.17 The
Hearings Panel for the Interim Speed Management Plan consisted of the Mayor and
all Councillors. Should any of the options progress, given the city-wide
implications of this plan, it is recommended that this approach is repeated.
5. Financial Implications Ngā Hīraunga Rauemi
Capex/Opex Ngā Utu Whakahaere
5.1 A
Hearings Panel process will incur costs relating to Council Officer resource
and time, which is able to be delivered within existing budgets.
6. Considerations Ngā Whai Whakaaro
Risks and Mitigations Ngā Mōrearea me
ngā Whakamātautau
6.1 The
community has invested time and energy into the consultation process, and
delaying the completion of the Hearings Panel process increases the risk that
residents may lose confidence in the Council’s decision-making processes.
Legal Considerations Ngā Hīraunga
ā-Ture
6.2 The
Land Transport Rule: Setting of Speed Limits 2022 required RCAs (such as the
Council) to set speed limits for roads under their control and set out
requirements that must be complied with when setting speed limits.
6.3 The
Rule required RCAs to prepare and adopt a speed management plan, with a
ten-year vision and a three-year implementation plan. The Council’s draft
Safer Speed Plan aligns with both this vision and principles.
6.4 The
Rule empowered Waka Kotahi (as the Agency) to set deadlines for RCAs to prepare
speed management plans. The Director for Land Transport set deadlines for
preparing the long-term Speed Management Plan, and staff worked to achieve
those deadlines.
6.5 As
per the Rule (3.5(1)), the Council consulted the community on the draft Safer
Speed Plan in September and October 2023. At that time, the community was
advised that they could present their submissions to a Hearings Panel. The
Council can proceed with the hearings or instruct Council Officers to pause or
stop the process.
6.6 The Rule requires speed limits to be set by creating land transport
records and entering those records into the National Speed Limit Register. Once
the speed limit is migrated into the Register, the land transport record will
become the legal instrument for the speed limits.
Strategy
and Policy Considerations Te
Whai Kaupapa here
6.7 The
required decision:
6.7.1 Aligns
with the Christchurch
City Council’s Strategic Framework. Whilst this report
focusses on the decision-making process, the
Council’s strategic priorities have been considered in formulating the
recommendations in this report, including the community outcome of a green, liveable city, where our neighbourhoods and communities are accessible and
well-connected. The Safer Speed Plan proposal improves accessibility for
pedestrians and cyclists, by providing a safer means of accessing and using our
street network.
6.7.2 The
decision in this report is of high significance in relation to the Christchurch
City Council’s Significance and Engagement Policy. The level of
significance was determined by the scale of impacted residents, and a
heightened level of community interest in speed limit changes.
6.7.3 The
draft Safer Speed Plan with Council’s Plans and Policies. The
proposed Speed Management Plan aligns with road safety and liveable streets
goals in the Christchurch Transport Strategic Plan 2012–2042, and
similarly in the draft Transport Plan (safe streets).
6.8 This report supports the Council's Long Term Plan (2021 -
2031):
6.9 Transport
6.9.1 Activity: Transport
· Level
of Service: 10.5.1 Limit deaths and serious injury crashes per capita for
cyclists and pedestrians - <= 12 crashes per 100,000 residents
6.10 Governance
6.10.1 Activity:
Governance and decision-making
· Level of Service: 4.1.18 Participation in and contribution to
Council decision-making - Percentage of respondents who understand how Council
makes decisions: At least 34% Level of Service: 10.0.6.1 Reduce the
number of death and serious injury crashes on the local road network - <=96
crashes
· Level of Service: 10.5.1 Limit
deaths and serious injury crashes per capita for cyclists and pedestrians -
<= 12 crashes per 100,000 residents
Community
Impacts and Views Ngā Mariu ā-Hāpori
6.11 The
decision affects all wards/Community Board areas.
Impact
on Mana Whenua Ngā
Whai Take Mana Whenua
6.12 The decision does
not involve a significant decision in relation to ancestral land or a body of
water or other elements of intrinsic value, therefore this decision does not
specifically impact Mana Whenua, their culture and/or traditions.
6.13 The decision does
not involve a matter of interest to Mana Whenua and will not impact on our
agreed partnership priorities with Ngā Papatipu Rūnanga.
Climate
Change Impact Considerations Ngā Whai Whakaaro mā te Āhuarangi
6.14 The
decisions in this report are likely to:
6.14.1 Contribute
neutrally to adaptation to the impacts of climate change; and
6.14.2 Contribute neutrally to
emissions reductions as the report is around decision making.
6.15 Whilst
this report focusses on the decision-making process, improving the ability for
people to walk, cycle, scoot and catch the bus are a key part of the
Council’s emissions reduction efforts by providing a safe, low emission
way for residents to move around the city. Having safer streets contributes to
people feeling safer and would address some of the barriers to people making
sustainable travel choices. Removing these barriers will lead to reductions in
vehicle kilometres travelled and consequently emissions from transport.
7. Next Steps Ngā Mahinga ā-muri
7.1 Once
further guidance from government is received on the new rule, the next steps
include:
7.1.1 Council
Officers preparing a report to the Council (acting as the Hearings Panel) on
the proposed draft Safer Speed Plan.
7.1.2 A
hearings panel meeting will be scheduled (date to be determined) to hear
submissions.
7.1.3 Council
officers will communicate with submitters who wish to be heard to arrange
speaking times.
7.2 Following
the hearing of submissions, Council Officers will prepare a decision report to
the Council at a future date when the implications of the new Rule are clear.
Attachments Ngā Tāpirihanga
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No.
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Title
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Reference
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Page
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a ⇩
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Letter from
Minister of Transport (12/12/2023)
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24/54334
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11
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b ⇩
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Letter from
Waka Kotahi NZTA (13/12/2023)
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24/54340
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13
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In addition to the attached documents, the following background
information is available:
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Document
Name – Location / File Link
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Not
applicable
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Signatories Ngā Kaiwaitohu
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Authors
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Gemma Dioni -
Principal Advisor Transportation - Safety
Hannah Ballantyne
- Senior Engagement Advisor
Kirstie Watts
- Legal Counsel
Jane Cameron -
Team Leader Transport
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Approved By
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Stephen Wright
- Manager Operations (Transport)
Lynette Ellis
- Head of Transport & Waste Management
Jane Parfitt -
Interim General Manager Infrastructure, Planning and Regulatory Services
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