Minutes of Bylaw Hearings Panel - Wednesday, 12 March 2025

The agenda was dealt with in the following order.

1. Apologies Ngā Whakapāha

Hearings Panel Decision

There were no apologies received for the meeting

2. Election of Chairperson Te Whakatū Poumua

Hearings Panel Resolved BHPCC/2025/00001

It was decided that Councillor Harrison-Hunt be appointed Chairperson of the Bylaw Hearings Panel .

Councillor Coker/Councillor Johanson Carried

Councillor Harrison-Hunt assumed the Chair and opened with a Karakia.

3. Declarations of Interest Ngā Whakapuaki Aronga

There were no declarations of interest recorded.

4. Volumes of Submissions on the proposed Trade Waste Bylaw 2025

Hearings Panel Resolved BHPCC/2025/00002

Officer Recommendation accepted without change

That the Bylaw Hearings Panel:

1. Receive the the written submissions, including any late submissions, received on the draft Trade Waste Bylaw 2025

Councillor Harrison-Hunt/Councillor Scandrett Carried

5. Submissions on the proposed Trade Waste Bylaw 2025
	The following Council Officers joined the table to present the Officer’s Report (copy of presentation attached), and to respond to questions from the Hearings Panel. · Jenna Marsden , Senior Policy Analyst · Claire Fletcher, Senior Engagement Advisor
	Hearings Panel Resolved BHPCC/2025/00003 Officer Recommendation accepted without change That the Bylaw Hearings Panel: 1. Receive the information in the staff report Submissions on the proposed Trade Waste Bylaw 2025 Report. Councillor Peters/Councillor Scandrett Carried
	Attachments a Staff presentation on proposed Trade Waste Bylaw 2025 ⇨

8 Hearing of Submissions on the Trade Waste Bylaw Ngā Tāpaetanga

The Hearings Panel received presentations from the following submitters:

Philip Brown and Kevin Tearny on behalf of SLR Consulting -via audio/visual link (presentation attached).
Jacqeline Howard on behalf of The Styx Living Laboratory (presentation attached).
Wayne Plumber on behalf of Enviro NZ Services Ltd - via audio/visual link (presentation attached).
Paul McMahon (Chair) and Greg Mitchel (Board Member) on behalf of the Waitai Coastal-Burwood-Linwood Community Board.
Marie Pollisco (Chair) and Helen Broughton (Board Member) on behalf of the Waipuna Halswell-Hornby- Riccarton Community Board.

Marie Pollisco (Chair) and Helen Broughton (Board Member)on behalf of the Waipuna Halswell-Hornby- Riccarton Community Board (This second presentation was on the proposed Parks and Reserves Bylaw).

Attachments

a SLR presentation on proposed Trade Waste Bylaw 2025 ⇨

b The Styx Living Laboratory presentation on proposed Trade Waste Bylaw 2025 ⇨

c ENVIRON Services Ltd Written Statement on proposed Trade Waste Bylaw 2025 ⇨

d Written statement for Winstone Wallboard ⇨

Secretarial note: Winstone Wallboards Ltd originally wished to be heard and instead provided a written statement (attachment D) in lieu of attendance.

The meeting adjourned at 10.46 am and resumed at 11.05 am.

9. Consideration and Deliberation on the proposed Trade Waste Bylaw 2025 Ngā Whaiwhakaaro me Ngā Taukume o Ngā Kōrero

The Hearings Panel considered and deliberated on the written and verbal submissions received and additional information provided by submitters and Council Officers.

The following Council Officers returned to the table to respond to questions raised by the Hearings Panel:

· Trim Drennan, Manager Service Excellence

· Jenna Marsden , Senior Policy Analyst

· Gary Cowan, Engineering Officer - Field

· Naiomi Soper, Senior Legal Counsel

10. Hearings Panel Recommendations on the Trade Waste Bylaw Ngā Tūtohu o Te Tira Tauaki

Secretarial note:

1. Attachment A below refers to a clean copy of the final Bylaw to be recommended to the Council and provided as an attachment to the Hearings Panel Report. Attachment B below refers to Attachment E in item 5 of the agenda for this meeting. Attachment B will also be provided as an attachment to the Hearings Panel Report.

2. Proposed dates for the Bylaw to come into force, and take effect, will be provided by staff for inclusion in the Hearings Panel Report to Council.

After deliberations, the Hearings Panel made the following recommendations.

Hearings Panel Decided BHPCC/2025/00004

Part A

That the Council:

Adopt the Christchurch City Council Trade Waste Bylaw 2025, in its final form (Attachment A).
Note the following changes to the clauses of the Christchurch City Council Trade Waste Bylaw 2025, as a result of the consultation and hearings process (as shown in Attachment B):

Insert a new definition of construction activities in clause 5(1), as follows: Construction activities means trade activities including, but not limited to, dewatering, earthworks, hydro-excavation, concrete production and stone cutting.
Amend the definition of dewatering in clause 5(1) so that it excludes stormwater runoff.
Remove the definition of inorganic mineral solids in clause 5(1).
Amend the explanatory note on the definition of trade waste in clause 5(1) to clarify it does not include trade premises discharging wastewater unrelated to a trade activity.
Amend the explanatory note on clause 8 (classification of trade waste discharges) to clarify that the classification of a trade waste discharge is assessed and determined by the Council on a case-by-case basis.
Amend the explanatory note on clause 10(1) (application for trade waste consent) to reflect that the Council may also consider the discharge of water from dewatering activities where there is no stormwater network available.
Amend clause 37(5) (transitional provisions) to remove the term “inorganic mineral solids”, and replace with silts and sediments resulting from construction activities.
Replace schedule 1A, clause 1A.2.4(b) (permitted discharge characteristics – TSS limits) to remove references to the term “inorganic mineral solids” and replace with “silts and sediments resulting from construction activities”
Amend schedule 1A, clause 1A.2.4(c) (permitted discharge characteristics – TSS limits) to exclude application where subclause (b) applies.
Amend schedule 1B, clause 1B.1 (prohibited characteristics – introduction) to reference clause 13(4) (discretion for approval of discharge of a prohibited characteristics), and provide clarity that no prohibited characteristic may be discharged unless it is subject to a conditional trade waste consent issued in accordance with clause 13(4).
Amend schedule 1B, clause 1B.2.2(h) to

i. remove reference to the broader term ‘persistent organic pollutants (POPS)’

ii. add reference to perfluorohexanesulfonic acid (PFHxS)

iii. reference national guidance from the Environmental Protection Authority and the Ministry for the Environment on acceptable levels.

Determine, in accordance with section 155(2) and (3) of the Local Government Act 2002, that the Christchurch City Council Trade Waste Bylaw 2025 is the most appropriate form of bylaw, and that it is not inconsistent with the New Zealand Bill of Rights Act 1990.
Note that the special requirements for bylaws relating to trade wastes (section 148 of the Local Government Act 2002) have been met.
Approve the Christchurch City Council Trade Waste Bylaw 2025 coming into force on [insert day/month 2025].
Approve that staff are otherwise authorised to make any typographical changes or correct minor errors as the case may be before the Christchurch City Council Trade Waste Bylaw 2025 comes into force.
Give public notice as soon as practicable that the Christchurch City Council Trade Waste Bylaw 2025 has been made by the Council, that it comes into effect on [insert day/month 2025] and that copies of the Christchurch City Council Trade Waste Bylaw 2025 may be inspected and obtained at the Council’s offices or on its website, without payment.
Delegate to the Chief Executive the authority to amend any explanatory notes in the Christchurch City Council Trade Waste Bylaw 2025 as the case may be, and that this power may be delegated.

Councillor Scandrett/Councillor Coker Carried

The Hearing Panel adjourned for lunch at 12.00 pm and resumed at 1.03 pm to consider the proposed Parks and Reserves Bylaw 2025.

Proposed Parks and Reserves Bylaw 2025

6. Volumes of Submissions for Draft Parks and Reserves Bylaw 2025

Hearings Panel Resolved BHPCC/2025/00005

Officer Recommendation accepted without change

That the Bylaw Hearings Panel:

1. Receives the written submissions, including any late submissions, received on the draft Parks and Reserves Bylaw 2025

Councillor Harrison-Hunt/Councillor Peters Carried

7. Summary of Submissions on the Draft Parks and Reserves Bylaw 2025
	The following Council Officers joined the table to present the Officers Report (copy of presentation attached), and to respond to questions from the Hearings Panel. · Adam Eggleton - Senior Policy Analyst · Paul Devlin as well (Manager Regional Parks)
	Hearings Panel Resolved BHPCC/2025/00006 Officer Recommendation accepted without change That the Bylaw Hearings Panel: 1. Receive the information in the staff report Summary of Submissions on the Draft Parks and Reserves Bylaw 2025 Report. Councillor Harrison-Hunt/Councillor Scandrett Carried
	Attachments a Proposed Parks and Reserves Bylaw 2025 Staff Presentation ⇨

11 Hearing of Submissions on the Parks and Reserves Bylaw Ngā Tāpaetanga

The Hearings Panel received presentations from the following submitters:

· Jacqeline Howard on behalf of the Styx Living Laboratory Trust (presentation attached)

· Stephen Wood on behalf of the Spokes Canterbury (presentation attached)

· Adele Geradts on behalf of the Halswell Residents Association

· Quentin Mcdonald on behalf of the Ōpāwaho Heathcote River Network (presentation attached)

· Anne Dingwall (written statement attached)

· Mary O’Conner (presentation attached)

Attachments

a The Styx Living Laboratory presentation ⇨

b Spokes presentation ⇨

c Parks Reserves Bylaw 2025 Ōpāwaho Heathcote River Network ⇨

d Anne Dingwall presentation ⇨

e Mary O'Conner presentation ⇨

Secretarial note: A presentation on the proposed Parks and Reserves Bylaw from Marie Pollisco (Chair) and Helen Broughton (Board Member) on behalf of the Waipuna Halswell-Hornby- Riccarton Community Board was given in the morning.

12 Consideration and Deliberation on the Parks and Reserves Bylaw Ngā Whaiwhakaaro me Ngā Taukume o Ngā Kōrero

The Hearings Panel considered and deliberated on the written and verbal submissions received and additional information provided by submitters and Council Officers.

The following Council Officers returned to the table to respond to questions raised by the Hearings Panel:

· Adam Eggleton - Senior Policy Analyst

· Naomi Soper - Senior Legal Counsel

· Derek Roozen - Senior Parks & Policy Planner

· Paul Devlin -Manager Regional Parks

13 Hearings Panel Recommendations on the Parks and Reserves Bylaw Ngā Tūtohu o Te Tira Tauaki

Secretarial note:

1. Attachment A below refers to a clean copy of the final Bylaw to be recommended to the Council and provided as an attachment to the Hearings Panel Report. Attachment B below refers to Attachment C in item 7 of the agenda for this meeting. Attachment B will also be provided as an attachment to the Hearings Panel Report.

2. The purpose of recommendation 2e below was to instruct staff to review the explanatory notes for clause 8 and come back to the panel on options to achieve the aims of the note.

3. Proposed dates for the Bylaw to come into force, and take effect, will be provided by staff for inclusion in the Hearings Panel Report to Council.

After deliberation, the Hearings Panel made the following recommendation.

Hearings Panel Decided BHPCC/2025/00007

Part A

That the Council:

Adopt the Christchurch City Council Parks and Reserves 2025, in its final form (Attachment A).
Note the following changes to the clauses of the Christchurch City Council Parks and Reserves Bylaw 2025, as a result of the consultation and hearings process (as shown in Attachment B):

Amend the definition of Emergency Services so that it includes Water Services Authority - Taumata Arowai.
Amend the clause 5(1)(a)ii to include plaque, artwork or sculpture.
Amend relevant terminology so any mentions in the bylaw of the Avon Heathcote Estuary change to Te Ihutai Avon Heathcote Estuary.
Include new explanatory note in clause 8 to clarify that the definition of a vehicle does not include prams, strollers, wheelchairs or other mobility scooters or devices used by persons with physical or neurological impairment.
Note that the Panel requested staff to consider including a new explanatory note in clause 8 to clarify that subject to any stated restrictions or conditions, cyclists are able to use all paths and tracks in parks and reserves.
Amend style of all explanatory notes to bring the style into line with recent bylaw work and reduce duplication.
Amend clause 13(2) from “he or she” to that person to be consistent with language used in recent bylaw reviews.

Note that a number of additions and improvements are made to the explanatory notes contained in the Christchurch City Council Parks and Reserves Bylaw 2025 as a result of the consultation and hearings process (as shown in Attachment B).
Note that a number of administrative changes are also made to the Christchurch Parks and Reserves Bylaw 2025, including removing all references to “draft” and inserting the relevant dates the bylaw is adopted and in force.
Determine, in accordance with section 155(2) and (3) of the Local Government Act 2002, that the Christchurch City Council Parks and Reserves Bylaw 2025 is the most appropriate form of bylaw, and that it is not inconsistent with the New Zealand Bill of Rights Act 1990.
Note that council staff will write to the Minister of Conservation for formal approval of the bylaw under section 108 of the Reserves Act 1977.
Approve the Christchurch City Council Parks and Reserves Bylaw 2025 coming into force on [insert day/month 2025].
Approve that staff are otherwise authorised to make any typographical changes or correct minor errors as the case may be before the Christchurch City Council Parks and Reserves Bylaw 2025 comes into force.
Give public notice as soon as practicable that the Christchurch City Council Parks and Reserves Bylaw 2025 has been made by the Council, that it comes into effect on [insert day/month 2025] and that copies of the Christchurch City Council Parks and Reserves Bylaw 2025 may be inspected and obtained at the Council’s offices or on its website, without payment.
Delegate to the Chief Executive the authority to amend any explanatory notes in the Christchurch City Council Parks and Reserves Bylaw 2025 as the case may be, and that this power may be delegated.

Councillor Harrison-Hunt/Councillor Scandrett Carried

A karakia was given to close the meeting.

Meeting concluded at 3.08 pm.

CONFIRMED THIS 18th DAY OF MARCH 2025

COUNCILLOR TYLA HARRISON-HUNT

CHAIRPERSON