Agenda of Council - Wednesday, 5 October 2022

Council MEETING

5 October 2022

Order of Business

Pursuant to Sections 46A(7) and 46A(7A) of the Local Government Official Information and Meetings Act 1987, to receive the Chairperson’s explanation that specified item(s), which do not appear on the Agenda of this meeting and/or the meeting to be held with the public excluded, will be discussed.

Any additions in accordance with Section 46A(7) must be approved by resolution with an explanation as to why they cannot be delayed until a future meeting.

Any additions in accordance with Section 46A(7A) may be received or referred to a subsequent meeting for further discussion. No resolution, decision or recommendation can be made in respect of a minor item.

3. Declarations of Interest (if any)

Members are reminded of their duty to give a general notice of any interest of items to be considered on this agenda and the need to declare these interests.

4. Confirmation of Minutes Page 9

“That the minutes of the ordinary meeting of 7 September 2022 Part I Public be confirmed as a true and correct record.”

Reports

5. Acknowledgement of the passing of Queen Elizabeth II and Proclamation of King Charles III Page 19

6. Acknowledgement of Service of Retiring Councillors Page 21

Presentation, by The Mayor (Grant Smith).

7. Sport Manawatū - Annual Report 2021/22 Page 23

Memorandum, presented by Julie Macdonald - Strategy & Policy Manager.

8. Statements of Expectation for the cultural Council Controlled Organisations 2023 Page 103

Memorandum, presented by Hannah White, Democracy and Governance Manager.

9. Streets for People- Square East Stage 3 & 4 Final Design Plan Page 123

Memorandum, presented by Geoffrey Snedden, Senior Project Manager.

10. Richardsons Line & Setters Line Upgrade Project - Programme Budget Amendment Page 133

Report, presented by Hamish Featonby - Group Manager, Transport & Development.

11. Additional Award of 2022 Jaycee Trust Travelling Fellowships Page 141

Memorandum, presented by Hannah White, Democracy & Governance Manager.

12. Palmerston North Performing Arts Trust - Annual Report and Annual Accounts 2021/22 Page 143

Memorandum, presented by Hannah White, Democracy & Governance Manager.

13. City Transportation Review Scope Page 155

Memorandum, presented by Hamish Featonby, Group Manager - Transport and Development.

14. Recommendation for appointment - Te Rere Hau Windfarm Page 171

Memorandum, presented by Jeff Baker - Planning Services Manager.

15. Amendments to the Traffic and Parking Bylaw 2018 (Light Motor Vehicle Prohibitions) - Approval for Consultation Page 175

Memorandum, presented by Julie Macdonald - Strategy & Policy Manager.

16. Vogel Street Safety Investigation Plan Page 225

Memorandum, presented by Hamish Featonby, Group Manager - Transport and Development.

17. Council Work Schedule Page 243

Recommendations from Committee Meetings

18. Presentation of the Part I Public Planning & Strategy Committee Recommendations from its 14 September 2022 Meeting Page 245

“That the Committees recommendations be adopted or otherwise dealt with.”

19. Presentation of the Part I Public Community Development Committee Recommendations from its 14 September 2022 Meeting Page 247

“That the Committees recommendations be adopted or otherwise dealt with.”

20. Presentation of the Part I Public Environmental Sustainability Committee Recommendations from its 21 September 2022 Meeting Page 249

“That the Committees recommendations be adopted or otherwise dealt with.”

21. Presentation of the Part I Public Finance & Audit Committee Recommendations from its 28 September 2022 Meeting Page 251

“That the Committees recommendations be adopted or otherwise dealt with.”

22. Exclusion of Public

To be moved:

“That the public be excluded from the following parts of the proceedings of this meeting listed in the table below.

The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under Section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:

General subject of each matter to be considered		Reason for passing this resolution in relation to each matter	Ground(s) under Section 48(1) for passing this resolution
23.	Minutes of the ordinary meeting - Part II Confidential - 7 September 2022	For the reasons set out in the ordinary minutes of 7 September 2022, held in public present.
24.	Tender Award - Richardsons Line & Setters Line Upgrade	Third Party Commercial	s7(2)(b)(ii)
25.	Trustee/Director Appointments to Council Controlled (Trading) Organisations	Privacy	s7(2)(a)
26.	Appointment to Manawatū Access Radio Charitable Trust	Privacy	s7(2)(a)

This resolution is made in reliance on Section 48(1)(a) of the Local Government Official Information and Meetings Act 1987 and the particular interest or interests protected by Section 6 or Section 7 of that Act which would be prejudiced by the holding of the whole or the relevant part of the proceedings of the meeting in public as stated in the above table.

Also that the persons listed below be permitted to remain after the public has been excluded for the reasons stated.

[Add Third Parties], because of their knowledge and ability to assist the meeting in speaking to their report/s [or other matters as specified] and answering questions, noting that such person/s will be present at the meeting only for the items that relate to their respective report/s [or matters as specified].

Palmerston North City Council

Minutes of the Council Meeting Part I Public, held in the Council Chamber, First Floor, Civic Administration Building, 32 The Square, Palmerston North on 07 September 2022, commencing at 9.03am.

Members

Present:

The Mayor (Grant Smith) (in the Chair) and Councillors Brent Barrett, Susan Baty, Rachel Bowen, Zulfiqar Butt, Vaughan Dennison, Lew Findlay QSM, Patrick Handcock ONZM, Leonie Hapeta, Lorna Johnson, Billy Meehan, Orphée Mickalad, Karen Naylor, Bruno Petrenas and Aleisha Rutherford.

Apologies:

Councillors Renee Dingwall (late arrival) and Leonie Hapeta (early departure).

Councillor Rachel Bowen left the meeting at 11.00am during consideration of clause 104. She entered the meeting again at 11.28am during consideration of clause 107. She was not present for clauses 104 to 106 inclusive.

Councillor Leonie Hapeta left the meeting at 11.40am at the conclusion of clause 107. She was not present for clauses 108 to 110 inclusive.

98-22

Apologies

Moved Grant Smith, seconded Aleisha Rutherford.

RESOLVED

1. That Council receive the apologies.

Clause 98-22 above was carried 15 votes to 0, the voting being as follows:

For:

The Mayor (Grant Smith) and Councillors Brent Barrett, Susan Baty, Rachel Bowen, Zulfiqar Butt, Vaughan Dennison, Lew Findlay QSM, Patrick Handcock ONZM, Leonie Hapeta, Lorna Johnson, Billy Meehan, Orphée Mickalad, Karen Naylor, Bruno Petrenas and Aleisha Rutherford.

	Declarations of Interest
	Councillors Susan Baty and Aleisha Rutherford declared a conflict of interest in Item 9, Appointment of Commissioners to the District Licensing Committee (clause 104) and took no further part in discussion or debate.

99-22

Confirmation of Minutes

Moved Grant Smith, seconded Aleisha Rutherford.

RESOLVED

1. That the minutes of the ordinary meeting of 3 August 2022 Part I Public be confirmed as a true and correct record.

Clause 99-22 above was carried 15 votes to 0, the voting being as follows:

For:

Reports

100-22

Working Environment Review

Memorandum, presented by Chris Dyhrberg, Acting Chief Executive and Rebecca Elvy, Partner, Tregaskis Brown Ltd.

Moved Grant Smith, seconded Aleisha Rutherford.

RESOLVED

1. That Council receive the Independent Culture Review.

Clause 100-22 above was carried 15 votes to 0, the voting being as follows:

For:

101-22

Adoption of Elected Members' Code of Conduct 2022

Memorandum, presented by Hannah White, Democracy & Governance Manager and Sarah Claridge, Democracy & Governance Advisor.

Moved Grant Smith, seconded Aleisha Rutherford.

RESOLVED

1. That Council adopt the Elected Members’ Code of Conduct 2022 (Attachment 1) to replace the Code of Conduct 2017.

2. That Council agree the Media and Social Media Protocol 2022.

3. That Council delegate authority to the Acting Chief Executive to make minor edits to the Code of Conduct 2022 and the Media and Social Media Protocol 2022.

4. That Council amend the Delegation Manual - Delegations to Chief Executive to read:

Section Y: The Legal Counsel to appoint independent investigators for code of conduct complaints, from approved list of independent investigators.

Clause 101-22 above was carried 15 votes to 0, the voting being as follows:

For:

102-22	Three Water Better-Off Funding Proposal Memorandum, presented by Cameron McKay, Chief Financial Officer.
	Moved Grant Smith, seconded Aleisha Rutherford. RESOLVED 1. That Council endorse the submission of a better off funding proposal totalling $8.16M comprising of the following three initiatives: d. Multicultural Community Hub investigation and design ($0.5M) e. Te Hotu Manawa o Rangitāne Marae wharenui and wharepaku upgrade ($0.5M) f. Rangitāne better-off funding resource ($0.5M)
	Clause 102.1-22 above was carried 13 votes to 2, the voting being as follows: For: The Mayor (Grant Smith) and Councillors Brent Barrett, Susan Baty, Rachel Bowen, Zulfiqar Butt, Vaughan Dennison, Lew Findlay QSM, Patrick Handcock ONZM, Leonie Hapeta, Lorna Johnson, Billy Meehan, Orphée Mickalad and Aleisha Rutherford. Against: Councillors Karen Naylor and Bruno Petrenas.
	Moved Grant Smith, seconded Aleisha Rutherford. RESOLVED 2. That Council endorse the submission of a better off funding proposal totalling $8.16M comprising of the following three initiatives: a. Investigations and design for housing developments at Summerhays site, Huia Street, and City Centre housing ($1.5M) b. Construction of housing at Summerhays site ($4.16M) c. Te Motu o Poutoa detailed design and consenting ($1M) 3. That Council delegate authority to the Chief Executive to complete the Tranche 1 better off funding application process, including delegation to alter the proposed initiatives if advised by the Department of Internal Affairs (DIA) and to enter into a funding agreement with DIA after the 7 September 2022 Council meeting.
	Clauses 102.2-22 and 102.3-22 above were carried 14 votes to 1, the voting being as follows: For: The Mayor (Grant Smith) and Councillors Brent Barrett, Susan Baty, Rachel Bowen, Zulfiqar Butt, Vaughan Dennison, Lew Findlay QSM, Patrick Handcock ONZM, Leonie Hapeta, Lorna Johnson, Billy Meehan, Orphée Mickalad, Karen Naylor and Aleisha Rutherford. Against: Councillor Bruno Petrenas. The meeting adjourned at 10.25am. The meeting resumed at 10.49am.

103-22

Adoption of Amendments to Delegations Manual

Memorandum, presented by Sarah Claridge, Democracy and Governance Advisor.

Moved Grant Smith, seconded Aleisha Rutherford.

RESOLVED

1. That Council approve Amendments A-F to the Delegations Manual listed in Attachment 1.

Clause 103-22 above was carried 15 votes to 0, the voting being as follows:

For:

104-22

Appointment of Commissioners to the District Licensing Committee

Memorandum, presented by Hannah White, Democracy and Governance Manager and Sarah Claridge, Democracy and Governance Advisor.

Councillor Rachel Bowen left the meeting at 11.00am.

Moved Grant Smith, seconded Vaughan Dennison.

RESOLVED

1. That Council appoint Susan Baty as a Commissioner on the District Licensing Committee until 30 November 2023, as specified under the Sale and Supply of Alcohol Act 2012, s193.

2. That Council appoint Aleisha Rutherford as a Commissioner on the District Licensing Committee until 30 November 2023, as specified under the Sale and Supply of Alcohol Act 2012, s193.

3. That Council note that an Appointment Process for new members for the District Licensing Committee List will commence in 2023, as specified under the Sale and Supply of Alcohol Act 2012, s192.

Clause 104-22 above was carried 11 votes to 0, with 1 abstention, the voting being as follows:

For:

The Mayor (Grant Smith) and Councillors Brent Barrett, Zulfiqar Butt, Vaughan Dennison, Lew Findlay QSM, Patrick Handcock ONZM, Lorna Johnson, Billy Meehan, Orphée Mickalad, Karen Naylor and Bruno Petrenas.

Abstained:

Councillor Leonie Hapeta.

Note:

Councillors Susan Baty and Aleisha Rutherford declared a conflict of interest, withdrew from the discussion and sat in the gallery.

105-22

Chief Executive Performance Review Process Support

Memorandum, presented by Aleisha Rutherford, Deputy Mayor.

Moved Grant Smith, seconded Brent Barrett.

RESOLVED

1. That Council engage Streamline HR to provide a full service of Chief Executive Performance Review support to Elected Members for one year.

Clause 105-22 above was carried 13 votes to 1, the voting being as follows:

For:

The Mayor (Grant Smith) and Councillors Brent Barrett, Susan Baty, Zulfiqar Butt, Vaughan Dennison, Lew Findlay QSM, Patrick Handcock ONZM, Leonie Hapeta, Lorna Johnson, Billy Meehan, Orphée Mickalad, Bruno Petrenas and Aleisha Rutherford.

Against:

Councillor Karen Naylor.

106-22

Council Work Schedule

Moved Grant Smith, seconded Aleisha Rutherford.

RESOLVED

1. That the Council receive its Work Schedule dated September 2022.

Clause 106-22 above was carried 14 votes to 0, the voting being as follows:

For:

107-22

Waka Kotahi Streets for People - Capital Budget Change

Memorandum, presented by Hamish Featonby, Group Manager - Transport and Development.

Councillor Rachel Bowen entered the meeting again at 11.28am.

Moved Grant Smith, seconded Brent Barrett.

RESOLVED

1. That Council delegate authority to the Chief Executive to sign the Streets for People funding agreement with Waka Kotahi for $1.875M over 2022/23 and 2023/24 at a Funding Assistance Rate (FAR) of 90%.

2. That Council approve the following alterations to the budget for Programme 1559 – City-wide – Urban Cycle Infrastructure Network Improvements to reflect both the additional capital new expenditure and additional subsidy revenue:

a. An increase of $625K in the 2022/23 Capital New Budget with Council’s contribution of $62.5K being brought forward from 2023/24 to 2022/23. (See Figure 2).

b. An increase to the capital subsidy revenue budget in 2022/23 of $562.5K.

c. An increase of $1.25M in the 2023/24 Annual Budget for capital new and an increase to the capital subsidy revenue budget of $1.125M.

Clause 107-22 above was carried 15 votes to 0, the voting being as follows:

For:

Councillor Leonie Hapeta left the meeting at 11.40am.

Recommendations from Committee Meetings

108-22	Planning & Strategy Committee Part I Public - 10 August 2022 Consideration was given to Planning & Strategy Committee recommendations.
	Moved Aleisha Rutherford, seconded Patrick Handcock ONZM. RESOLVED 1. Panako Park - Strategic Options Review 1. That Council instruct the Chief Executive to investigate the level of community demand for recreation and community use with a view to retaining Panako Park and the Girl Guide Hall for community use. 2. Update on the options and value proposition of providing free bus fares for priority groups 2. That Council ask Horizons to consider consulting with the community on zero fare urban bus services.
	Clauses 108.1-22 and 108.2-22 above were carried 14 votes to 0, the voting being as follows: For: The Mayor (Grant Smith) and Councillors Brent Barrett, Susan Baty, Rachel Bowen, Zulfiqar Butt, Vaughan Dennison, Lew Findlay QSM, Patrick Handcock ONZM, Lorna Johnson, Billy Meehan, Orphée Mickalad, Karen Naylor, Bruno Petrenas and Aleisha Rutherford.
	Moved Aleisha Rutherford, seconded Patrick Handcock ONZM. RESOLVED 3. Palmerston North Integrated Transport Initiative (PNITI) 1. That Council endorse the Palmerston North Integrated Transport Initiative (PNITI) as a key strategic document to inform future transport and land-use decisions, including future District Plan Changes, Asset Management Plans, Annual Budgets and Long-Term Plans.
	Clause 108.3-22 above was carried 13 votes to 1, the voting being as follows: For: The Mayor (Grant Smith) and Councillors Susan Baty, Rachel Bowen, Zulfiqar Butt, Vaughan Dennison, Lew Findlay QSM, Patrick Handcock ONZM, Lorna Johnson, Billy Meehan, Orphée Mickalad, Karen Naylor, Bruno Petrenas and Aleisha Rutherford. Against: Councillor Brent Barrett.

109-22	Finance & Audit Committee Part I Public - 24 August 2022 Consideration was given to Finance & Audit Committee recommendations.
	Moved Susan Baty, seconded Karen Naylor. RESOLVED 1. Quarterly Performance and Financial Report - Quarter Ending 30 June 2022 1. That the Committee receive the memorandum titled ‘Quarterly Performance and Financial Report – Quarter Ending 30 June 2022’, presented to the Finance & Audit Committee on 24 August 2022. 2. That Council note per the details of Attachment 4 of this report: a. that the capital expenditure carry forward values in the 2022/23 Annual Budget will be increased by $7.387M; b. that associated capital revenue will be increased by $178k; c. operational expenditure will be decreased by $130k; d. that carry forwards totalling $2.335M previously signalled in the Annual Budget 2022/23 are deferred to 2023/24. 3. That the Chief Executive be given delegation to allocate 100% of funds from 1888-Low Carbon Fund to other activities, as well as moving the fund between capital new and capital renewal for the financial year 2022/23. 2. Rating System Review - Process Update 1. That the proposed approach to progressing the review of the rating system as outlined in the report titled ‘Rating System Review – Process Update’, presented to the Finance & Audit Committee on 24 August 2022, be approved. 2. That scenarios to be developed in the Rating System Review include the option of a differential surcharge on vacant land for capital value scenarios.
	Clauses 109.1-22 and 109.2-22 above were carried 14 votes to 0, the voting being as follows: For: The Mayor (Grant Smith) and Councillors Brent Barrett, Susan Baty, Rachel Bowen, Zulfiqar Butt, Vaughan Dennison, Lew Findlay QSM, Patrick Handcock ONZM, Lorna Johnson, Billy Meehan, Orphée Mickalad, Karen Naylor, Bruno Petrenas and Aleisha Rutherford.
	Moved Susan Baty, seconded Karen Naylor. RESOLVED 3. Palmerston North Airport Ltd - Director Remuneration 1. That the total remuneration for directors of Palmerston North Airport Limited remain at the previously approved level of $135,000 and in accordance with the Company’s Constitution the Board be authorised to allocate this sum in the manner they determine, irrespective of whether there are five or six directors.
	Clause 109.3-2 above was carried 12 votes to 2, the voting being as follows: For: The Mayor (Grant Smith) and Councillors Susan Baty, Rachel Bowen, Zulfiqar Butt, Vaughan Dennison, Lew Findlay QSM, Patrick Handcock ONZM, Lorna Johnson, Billy Meehan, Orphée Mickalad, Bruno Petrenas and Aleisha Rutherford. Against: Councillors Brent Barrett and Karen Naylor.

Exclusion of Public

110-22

Recommendation to Exclude Public

Moved Grant Smith, seconded Aleisha Rutherford.

RESOLVED

“That the public be excluded from the following parts of the proceedings of this meeting listed in the table below.

General subject of each matter to be considered		Reason for passing this resolution in relation to each matter	Ground(s) under Section 48(1) for passing this resolution
15.	Minutes of the ordinary meeting - Part II Confidential - 3 August 2022	For the reasons setout in the ordinary minutes of 3 August 2022, held in public present.
16.	All of Government Electricity Tranche 19	Third Party Commercial and Commercial Activities	s7(2)(b)(ii) and s7(2)(h)
17.	Civic Honours Awards 2022	Privacy	s7(2)(a)
19.	Minutes of the ordinary meeting – Part IIB Confidential – 3 August 2022	For the reasons setout in the ordinary minutes of 3 August 2022, held in public present.

Clause 110-22 above was carried 14 votes to 0, the voting being as follows:

For:

The Mayor (Grant Smith) and Councillors Brent Barrett, Susan Baty, Rachel Bowen, Zulfiqar Butt, Vaughan Dennison, Lew Findlay QSM, Patrick Handcock ONZM, Lorna Johnson, Billy Meehan, Orphée Mickalad, Karen Naylor, Bruno Petrenas and Aleisha Rutherford.

The public part of the meeting finished at 11.46am.

Confirmed 5 October 2022

Mayor

Memorandum

TO: Council

MEETING DATE: 5 October 2022

TITLE: Sport Manawatū - Annual Report 2021/22

PRESENTED BY: Julie Macdonald - Strategy & Policy Manager

APPROVED BY: David Murphy, Chief Planning Officer

RECOMMENDATION(S) TO Council

1. That Council receive Sport Manawatū’s 2021/22 Annual Report (Attachment 1) presented on 5 October 2022.

1. ISSUE

In July 2019 a three-year funding agreement, including a strategic partnership plan, was entered into between Sport Manawatū and the Council.

Six and twelve-month reports are required under the agreement. The six-month progress report for year three of the agreement, to the end of December 2021, was presented to the Play, Recreation and Sport Committee in April 2022. Sport Manawatū staff also gave a ‘State of Sector’ update to the August meeting of the Committee in advance of submitting its Annual Report for 2021/22.

Attachment 1 is Sport Manawatū’s Annual Report to the Council for the period from 1 July 2021 to 30 June 2022. Representatives of Sport Manawatū are in attendance to present its report.

Attachment 2 is Sport Manawatū’s audited accounts for 2021/22.

Attachment 3 provides an analysis of the relevant Council Plan measures that best relate to the outcomes in the funding agreement.

2. BACKGROUND

Sport Manawatū is an independent charitable trust and receives multiple and diverse sources of funding, including from Ihi Aotearoa - Sport New Zealand, the Palmerston North City Council, other councils in the region, the Te Whatu Ora Health NZ – MidCentral, and community trusts. Sport Manawatū works towards meeting several different investment outcomes through its activities and, therefore, its report includes some activities that aren’t solely funded through Council’s funding agreement.

Council has funded Sport Manawatū since the early 1990s. Over time the grant has increased as services were added, including strategic plan implementation, event support, and active transport promotion. Changes in the level of grant funding has reflected organisational changes by Council (such as fluctuations of in-house versus outsourced delivery models) as well as Council policy changes (including changes to community outcomes and the policy for funding and support).

The funding agreement outcomes, based on Council’s 2018 strategic direction, are:

1. Palmerston North has the most active community in New Zealand.

2. People have the skills to safely and confidently cycle, and walk, on our active transport network and system (roads, footpaths, shared paths, cycleways).

3. Everyone is encouraged to be active by playing and being active in sport and recreation facilities (places and spaces) across our City.

4. Sports and community sport events create social and participation opportunities as well as economic benefits.

These outcomes guide Sport Manawatū’s reporting. Some of the activities and priorities that were in the previous fee-for-service contract were incorporated into the outcomes within the current 2019-2022 funding agreement.

3. ANNUAL REPORT 2021/22 – YEAR three PROGRESS TOWARDS OUTCOMES

The degree to which Sport Manawatū’s success measures have been met for each outcome area is summarised in the table below. This assessment has been developed as an outcome of ongoing discussion with Sport Manawatū. The work of Sport Manawatū, in a very challenging operating environment due to the Covid-19 pandemic over the last three years, is appreciated and acknowledged.

Outcome 1: Palmerston North has the most active community in NZ
Success measure from funding agreement	Summary comment	Conclusion
1. Proof of up-skilling and innovation in the sector through training initiatives, opportunities and activities	Evidence of the provision of training initiatives (such as governance workshops and the regional sports organisation support group), activities (e.g., Workplace Challenge, multi-sport holiday programme) and opportunities is provided.	Met
2. Establishment of the Active Community Forum (or similar)	While the type of forum described in the measure was not established, it was agreed with Sport Manawatū that similar opportunities could be provided instead. These opportunities, such as events focussed on women and girls’ participation, have been more participant-focused, rather than bringing together sector stakeholders/partners to discuss physical activity more generally and encourage cross-sector collaboration. Some evidence of the impact on wellbeing/social connectivity has been provided in the report.	Met
3. Track levels of physical activity and compare these to other regions	The narrative provided by Sport Manawatū on local activity levels is useful and it noted that there has been a shift away from a reliance on national surveys, such as Sport NZ’s Active NZ survey, to using local insights and trends. The annual report does not include any information on what the current physical activity levels for the City are or are estimated to be. There is no comparative analysis of physical activity levels with other regions. Due to ongoing issues with obtaining specific data to better track trends, Sport Manawatū and the Councils in the region are exploring ways to improve data capture such as through a customised survey that breakdowns statistics for each territorial authority.	Partially met
4. Evidence of a community activity plan for identified suburbs	Satisfactory evidence of the approach taken to improve physical activity levels in Awapuni (referred to as ‘Active Awapuni’) is outlined in the annual report; this initiative description builds on the activity plan outlined for Roslyn in the six-month report. It is too early to tell what the impact of these initiatives will be on physical activity levels without suburb-level data being available over the initiatives’ timeframe. It is also acknowledged that any behaviour change programmes take time to yield results. Narrowing the focus to particular areas of the City, rather than taking a City-wide approach, will hopefully see a lift in physical activity levels over time.	Met
5. Documented evidence of programme uptake and benefits	Good evidence of attendance and the benefits to participants from attending programmes such as Green Prescription (GRx) and the Healthy Active Living initiative was provided.	Met
6. Documented evidence of the application of funds and benefits to recipients	Evidence of the numbers applying to the Active Communities Fund is provided in the report along with fund recipient stories that illustrate benefits to the individuals.	Met
7. Evidence that insights/research is influencing decisions on Council’s places and places	Sport Manawatū has shown an increased emphasis on the value of evidence and research to inform facility decisions and has been involved in advice to several Council meetings such as reporting on the Regional Sports Facility Plan (RSFP) investment decision-making process that includes research such as needs assessments and feasibility studies. This research is heavily reliant on insights such as those gained through demographic analysis, national surveys, identification of stakeholder issues, and locally-collected membership and participation data. While it is difficult to conclusively prove the level of influence Sport Manawatū may have on Council decisions through the provision of insights and involvement in research, it is considered that it adds value to decision-making processes.	Partially met
8. Distribution to the sector of relevant information and research leading to good decisions	While it is hard to definitively link the distribution of information to good decision-making, Sport Manawatū communicates a range of information to the sector, through meetings/fora and written communication (e.g., emails, newsletters). Examples of sharing information provided in its report are engagement with Council’s Venues staff and presenting a ‘State of Play’ update to the Play, Recreation and Sport Committee in March 2022. Guiding groups wanting to build sports facilities through the preparation of a Facility Concept Outline (as required in the RSFP investment decision-making process) is another example. Concept outlines guide the RSFP Steering group’s decisions, as well as those of the Council, on the level of investment in sports facility planning and investigations, capital and operational programming.	Met
9. Track participation in sport and active recreation activities and events	Sport Manawatū provided an analysis of participation data and some event participation (included in the commentary on the Sports Event Partnership Fund supported events). This is an improvement from previous reports. The ‘Sport Readiness data’ project is improving the way Sport Manawatū collects data from the sector in a more consistent and reliable form. This improvement process will give more confidence to any sport and recreation planning decisions that are reliant on robust data.	Met
10. Evidence that the community is easily accessing the information and resources they need to be active	To help the community to access information Sport Manawatū uses communication channels including a website page, an online database of clubs and facilities on its website, and the use of Facebook and Instagram social media channels. There is evidence captured in the report of the number of views and followers the website and these channels. The assumption made is that the community is accessing these modes of communication to help them to be active.	Met
11. Demonstration or examples of the implementation of the RSFP recommendations	Sport Manawatū is the lead agency for the implementation of the recommendations in the Manawatū-Whanganui Regional Sport Facility Plan (RSFP). Sport Manawatū has provided detailed information on this role that includes co-ordination of a Cross-council steering group, organising funders’ forums, and working with several sports facility proponents to navigate through Plan’s investment decision-making processes. The benefits of using this structured process have been evidenced in the report by citing several proposals including: a regional level gymnastics facility (Manawatū GymSports Inc.), covered courts for tennis and netball (Netball Manawatū and Manawatū Lawn Tennis Club), an artificial football turf (Central Football) and facility improvement work for outdoor lawn bowls.	Met
12. Create a tool to help determine future sport facility provision needs	Some tools (such as templates for Facility Concept Outlines) have been developed by Sport Manawatū staff to help the implementation of the decision-making process in the RSFP. The opportunity to look at better tools or guidance to help with implementation will be undertaken as part of the first review of the RSFP that is scheduled to start soon. The review of the Palmerston North sections of the RSFP in 2021/22 (carried out by consultants RSL) has been carried out to determine future sport facility needs. The findings of this review are due to be reported to the Council later in 2022.	Met
Outcome 2: People have the skills to safely and confidently cycle, and walk, on our active transport network and system (roads, footpaths, shared paths, cycleways)
1. Evidence that people’s (particularly children’s) cycle skills are improving through evaluation of the relevant programmes	Survey results of Bike Ready participants were included within the six-month report and showed participant confidence in riding a bike. Although skills ‘improvement’ is not specifically noted in the report’s commentary, confidence is likely to come from improved skill levels.	Met
Outcome 3: Everyone is encouraged to be active by playing and being active in sport and recreation facilities (places and spaces) across our city
1. Evidence that communities (children and adults) prioritise outdoor play in the home, community, school and club	Sport Manawatū has included in its report the results of a new play survey. This showed that nearly 30% of tamariki that responded said that they played outside for 5+ days; however, nearly 27% of tamariki don’t play outside.	Met
Outcome 4: Sports and community sport events create social and participation opportunities as well as economic benefits
1. Retention of North Island and national secondary school sports events	This measure was not met due to Covid-19 related cancellations of school sports events that are normally retained through the Sports Event Partnership Fund (SEPF) support. It is noted that some school-aged events were supported through the SEPF this year but not at the national or North Island level of competition normally retained by the City.	Not met / noted that fulfilment of this measure is beyond Sport Manawatū’s control
2. Increase in economic benefits from sporting events supported by Sport Manawatū/Council (through the allocation of the Sports Event Partnership Fund	There was a decrease in the estimated economic benefit expected from SEPF-supported events compared to that stated in the previous 2020/21 annual report. This is not a reflection on Sport Manawatū but rather due to circumstances beyond its control.	Not met / noted that fulfilment of this measure is beyond Sport Manawatū’s control
3. Monitor the social benefits of other community-based events supported by Sport Manawatū i.e. Ethkick, Pasifika Volleyball.	There is only a brief mention of the benefits of community-based events described in the annual report. From past reports, it is understood that monitoring the benefits of community-based events occurs informally rather than through formal data collection. This will be the subject of further discussions.	Partially met
Overall assessment of performance for 2021/22: Sport Manawatū has demonstrated good progress towards meeting the success measures in the funding agreement in another challenging year impacted on by the pandemic. A wide scope of activities and priorities are described in its annual report with the success measures guiding performance monitoring. In many cases, Sport Manawatū has provided useful narrative alongside quantitative data to help measure progress towards outcomes and performance. The recommended improvement areas from the previous year for information presentation and analysis, have been taken on board and as a result, the impact of its work is better demonstrated, and more measures as shown as being met. It is worth noting that some of the ‘not met’ measures related to the sports events are due to factors outside of Sport Manawatū’s control. These do not reflect Sport Manawatū’s performance in relation to the administration of the Sports Event Partnership Fund it undertakes on behalf of the Council. In the last six months staff have reflected on the feedback made by elected members on the breadth of work Sport Manawatū undertakes in partnership with the Council. As a result, the number of outcomes has been reduced, and reporting expectations (along with improved measures) in the new funding agreement for 2022/25 have been clarified.

4. analyis of council’s plan measures to show overall progress

The funding agreement between Sport Manawatū and the Council requires the Council to report back on the relevant high-level measures in Council’s Plans that relate to the outcomes being sought. The rationale for providing this analysis (attachment 3) is to see evidence of behaviour change, through increased levels of facility use or evidence of increased levels of physical activity, that both Sport Manawatū and the Council have contributed to over the three-year agreement period.

As a general comment, the measures show that Council’s facilities are supporting the community to undertake a wide range of physical activities (such as play, active recreation and sport). The impacts of the Covid-19 pandemic and the government restrictions placed on gathering limits, and lockdowns impacting on accessing some of Council’s facilities, was most noticeable in the 2019/20 year.

Last year was heavily impacted by event cancellations and this had a resultant impact on participation in more formal opportunities and event attendance. As the country moves into a less restricted environment the play, recreation and sport sector should recover quickly as people resume normal activities. Reinforcing the importance of physical activity to improve physical and mental well-being has been a positive repercussion of the pandemic.

5. new funding agreement and partnership plan FOR 2022-2025

The key changes from the current funding agreement are:

· A requirement to prepare annual priority plans allowing for a more responsive approach to community issues/barriers to physical activity.

· Closer alignment with the Council’s strategic direction across Goals 1-4, and Council’s Play and Support and funding policies.

· A reduction in outcomes from four to three but with a continued emphasis on getting people to be more active and reducing levels of physical inactivity.

· Increased investment into play, and active transport activities.

· More support for the Council’s sports events attraction and retention activities (beyond the allocation of the Sports Event Partnership Fund).

Under the new agreement with Sport Manawatū, its staff will continue to oversee the administration of both the Active communities and the Sports Event Partnership funds on the Council’s behalf.

6. NEXT STEPS

Council and Sport Manawatū staff continue to work closely together on the wide-ranging activities and initiatives covered by the funding agreement and to discuss priorities for the 2022/23 year.

Under the new agreement, Sport Manawatū will provide a six-month update to the Council for the period ending December 2022, in early 2023.

7. COMPLIANCE AND ADMINISTRATION

Does Council have delegated authority to decide?		Yes
Are the decisions significant?		No
If they are significant do they affect land or a body of water?		No
Can this decision only be made through a 10 Year Plan?		No
Does this decision require consultation through the Special Consultative procedure?		No
Is there funding in the current Annual Plan for these actions?		Yes
Are the recommendations inconsistent with any of Council’s policies or plans?		No
The recommendations contribute to Goal 2: A Creative and Exciting City
The recommendations contribute to the achievement of action/actions in Active Communities The action is: Carry out regular monitoring and reporting with Sport Manawatū
Contribution to strategic direction and to social, economic, environmental and cultural well-being	A strong working relationship with Sport Manawatū is essential in meeting a range of strategic outcomes sought by the Council. The delivery of actions, priorities, and outcomes in the Active Community Plan requires close collaboration with Sport Manawatū who are well-positioned in the community to deliver relevant activities and services. The 2019-2022 funding agreement and strategic partnership plan has guided the delivery of services and activities to the community in turn contributing to social well-being.

Attachments

1.	Sport Manawatū - Palmerston North City Council 12-Month Report 1 July 2021 to 30 June 2022 ⇩
2.	Sport Manawatū Charitable Trust Financial Report for the year ended 30 June 2022 ⇩
3.	Strategic Partnership Plan Outcomes – assessment of Council’s high-level Plan measures ⇩

Memorandum

TO: Council

MEETING DATE: 5 October 2022

TITLE: Streets for People- Square East Stage 3 & 4 Final Design Plan

Presented By: Geoffrey Snedden, Senior Project Manager

APPROVED BY: Sarah Sinclair, Chief Infrastructure Officer

RECOMMENDATION(S) TO Council

1. That Council receive the Square East Stage 3 & 4 Final Design Plan.

1. ISSUE

1.1 At the 17 August 2022 Instructure Meeting the Committee resolved:

To request the Chief Executive present the Square East Stage 3 and 4 final design plan to the next appropriate meeting.

2. BACKGROUND

2.1 The preliminary design stage for all the streets in the programme. The detail design for Square East Stages 3 and 4 has also been completed, which included:

· Rangitāne co-design;

· Value engineering material selection, whilst retaining aesthetic and functional requirements;

· Engagement and stakeholder design with affected parties.

2.2 As part of the development of the design for Square East Stages 3 and 4, the design team approached key stakeholders and user groups over the course of two months. The team facilitated over 30 different engagement discussions and met with stakeholders such as:

· Rangitāne.

· Sculpture Trust.

· Manawatū Chamber of Commerce, BID and CEDA.

· Wallace Development Company (building owners of the Stage 3 extent of works), and

· Stakeholders from the completed Stage 2 works

3. Main Elements of the Design

3.1 Design Intent

3.1.1 To provide a Balance for All Street Users and aesthetics, putting people first in the city centre through:

· Completing the principal north-south retail spine linking The Plaza to Broadway Avenue with the consistent arrangement and alignment of the recently completed Square East Stage 1 & 2 works.

· Facilitate easy interaction for pedestrians with The Square and to support outdoor street occupation.

· Provide wider pavements, frequent crossings and pedestrian amenity

3.1.2 To enhance, create and sustain Green Infrastructure in the city centre

3.1.3 To express Culture and Creativity throughout the city centre and ensure all public projects in the city centre include creative elements.

3.1.4 To acknowledge the spatial layout, including placement of street furniture, garden beds and materiality acknowledges the circulation of pedestrians and vehicles around Te Marae O Hine, as well as the wider city context.

3.2 Rangitāne Co-Design

3.2.1 The design team have undertaken co-design sessions with Warren Warbrick (Rangitāne) and Peter Te Rangi (Rangitāne). Rangitāne experts expressed interest in integrating cultural artwork within the design in the form of 2 Pouwhenua art structures, and specialised pavement design arrangements at the corners and the crossing points to Te Marae o Hine. Warren Warbrick developed concepts for the pavement design, and these have been integrated into the detail design. Design Intent link: Culture and Creativity

3.3 Street Layout

3.3.1 The street layout, footpath widths, vehicular travel lane widths and geometry are designed to align with the Stage 1 and 2 works to provide visual and functional continuity to Square East. Design Intent link: Balance for All Street Users

3.3.2 Footpath: Two Public Space zones on the footpath are created which align the built edge of the street using different size paving units. The larger unit paver (Pavement Type 1) runs along the pedestrian thoroughfare zone and is the key linking material between Stage 1 and 2 and Stage 3 and 4. The smaller unit paver (Pavement Type 2) will reinforce the contrast between the retail spill out zones and pedestrian thoroughfare zone. Design Intent link: Balance for All Street Users

3.3.3 The footpath on the Te Marae o Hine side of the street has been changed from granite paver units, the same as used in Stage 1, to in-situ poured concrete with exposed aggregate finish. The design intent is to obtain a similar aesthetic using a lower cost material. This change acknowledges the learning from Stage 1 of the operational costs - this pavement type will have lower long-term cleaning requirements around the edge of the Square, whilst maintaining aesthetic continuity with Stages 1 and 2.

3.3.4 Street Furniture and Materiality: Continuation of the Stage 1 and 2 street furniture type will reinforce the retail ‘spine’ Modifications will be made to furniture from the learnings from the earlier stages, including engaging with local suppliers to facilitate manufacture and installation. Design Intent link: Balance for All Street Users

3.3.5 Cycle facilities: The design provides 6 new cycle storage racks giving an increase over the current allocation. Design Intent link: Balance for All Street Users

3.3.6 Lighting and Utilities: Preliminary lighting design was undertaken by PNCC and incorporated into the streetscape lighting and electrical design. There is no new utility upgrade works scheduled for Square East Stage 3. Design Intent link: Balance for All Street Users

3.4 Transport & Intersections

3.4.1 The street vehicular travel lane numbers, widths and geometry are designed to align with the Stage 1 and 2 works to provide visual and functional continuity to Square East.

3.4.2 Traffic modelling of the Square North/Broadway intersection has been undertaken and various scenarios of the intersections investigated. This work concluded that as part of the scope of work the design of the intersection would progress with the following:

· Square North approach:

o Maintain dedicated right turn lane onto Square East

o Retain straight-through lane on Broadway

o Provide temporary works to facilitate intersection functions e.g. relocation of poles, sacrificial in-situ concrete drop kerbs.

· Broadway approach:

o Change to a single lane approach

o Dedicated left turn onto Broadway will be removed

3.4.3 The detail design does not include a raised table at the intersection of Square North and Broadway due to the short-term traffic impacts but allows for the ability to add a raised table at a later stage. Further work is required to ensure that the Waka Kotahi funding for these intersection improvements are fully realised.

3.4.4 The Main Street East intersection has been excluded the scope of works for Square East Stage 3 and 4 and is to be included in the future design of the Main Street Bus Terminal.

3.5 Parking

3.5.1 Vehicular parking types, sizes and alignments are also reflective of those adopted in the Stage 1 and 2 works. The main change will be the removal of the parking in the centre of the street. The changes to the parking are as follows:

Parking	Current	Proposed	Change
Metered	44	36	Reduced by 8
Accessible	4	4	no change
Loading zone	0	2	Increased by 2
Electric Charging	2	2	no change
Motorcycle	2	0	Reduced by 2

3.5.2 There will be a small reduction in on-street parking, however by making these changes a wider pedestrian thoroughfare zone that reinforces the retail spine will be created along with retail spill out zones to attract retailers and customers, and the ability to successfully invest into green infrastructure. Design Intent: Balance for All Street Users

3.6 Rain Gardens & Planting

3.6.1 An important feature in the 2016 City Centre Masterplan is the inclusion of rain gardens in the city centre where possible. Through the co-design process, Rangitāne expressed their interest in rain garden infrastructure as an important stormwater treatment method. The detailed design for Square East Stage 3 and 4 provides rain garden infrastructure that manages and treats stormwater from the carriageway and footpaths. It is acknowledged that there is an increase in the operational costs to maintain the additional gardens over and above the existing operational requirements in this section. Design Intent link: Green Infrastructure.

3.6.2 The selection of planting species for Square East Stage 3 and 4 is subject to the PNCC Vegetation Framework, currently in development. Rangitāne have expressed interest in specific planting species that commemorate and acknowledge traditional uses. Further work is required to finalise the species selection for this area and algin it with the Vegetation Framework. Design Intent link: Green Infrastructure.

3.7 Street Edge Canopy.

3.7.1 The design includes the installation of one street edge canopy. The purpose of the canopy is to encourage greater use of the street. The seating areas in Stage 1 and 2 are well used when the weather is suitable. The proposed canopy would increase the time that retail spill out zone would be able to be used, increasing the attractiveness of the area to retailers and customers. Design Intent link: Balance for All Street Users

4. Value Engineering through the design Process

4.1 The design team has, throughout the development of the design, sought to obtain the best value for money outcomes. One of the benefits of engaging Higgins under an Early Contractor Involvement (ECI) agreement was that Higgins was able to activity participate in Value Engineering (VE), looking at costs savings using alternative materials and construction methods.

4.2 Value Engineering options investigated, and changes made to the design include:

· Removal of Main Street/Square East junction from the scope.

· Removal of the raised table at the intersection of Broadway and Square East.

· The option of sourcing an alternative local (within NZ) supplier of the paving stone was investigated, however it was not progressed as the stone products were not able to match previous stone used.

4.3 There are VE opportunities that could be explored further and included in the detail design for the remaining streets. These are:

· Replacing the stone kerbs with extruded concrete kerb or using stone kerbs on the retail side and using the extruded concrete on the square side.

· A reduction in the pavement thickness and this has the effect of reducing supply and laying costs as well as increasing availability.

· Use of PNCC Parks department to provide labour and materials (plants, topsoil, bark) as a Separate Contractor in lieu of being carried out as part of the main contract scope.

· Simplification of street furniture design and investigation of local supply chain.

· Removal of the street edge canopy as this element can be installed later in response to retail/business development.

· Consideration of P&G items (e.g., programme, site set-up, traffic management, etc.) and the impact of alternative approaches on the overall project cost.

5. Next Steps

5.1 The key milestones for the delivery of the detail design for the programme are as follows:

Date	Activity
February 2023	Six Monthly Project Update Report to the Infrastructure Committee (if required).
End May 2023	Paper to Council on options for delivery of the construction stage of the programme, and associated engagement planning for each option, plus costs and opportunities for external funding.

6. Compliance and administration

Does Council have delegated authority to decide?		Yes
Are the decisions significant?		No
If they are significant do they affect land or a body of water?		No
Can this decision only be made through a 10 Year Plan?		No
Does this decision require consultation through the Special Consultative procedure?		No
Is there funding in the current Annual Plan for these actions?		Yes
Are the recommendations inconsistent with any of Council’s policies or plans?		No
The recommendations contribute to Goal 2: A Creative and Exciting City
The recommendations contribute to the achievement of action/actions in City Shaping The action is: · The city centre contributes positively to the perception of Palmerston North; · Visible public life and pedestrian counts increase; · There is increased demand for floor space; · The city centre has a series of places with a strong place identity; · The City Centre Streetscape Plan is delivered, with Square East the initial priority.
Contribution to strategic direction and to social, economic, environmental and cultural well-being	A vibrant city centre will make Palmerston North even more attractive for work and play, provide more opportunities for locals and visitors to connect with the city and the people who live here, and bring significant benefits for the local economy. The Streets for People programme provides for investment in the public space to ensure our roads are places for people, not just vehicles. It emphasises pedestrian friendly public spaces, cultivating a lively economy after 5pm, and attracting more private investment in the city centre.

Attachments

Square East Stage 3 and 4. Detail Design & General Arrangement Plan ⇩

REPORT

TO: Council

MEETING DATE: 5 October 2022

TITLE: Richardsons Line & Setters Line Upgrade Project - Programme Budget Amendment

PRESENTED BY: Hamish Featonby - Group Manager, Transport & Development

APPROVED BY: Sarah Sinclair, Chief Infrastructure Officer

RECOMMENDATION(S) TO Council

1. That Council approve the bringing forward of $920,000 in Programme 1005 (Urban Growth – NEIZ – Water Supply) from the 2023/24 financial year to the 2022/23 financial year.

Summary of options

Problem or Opportunity	Palmerston North City Council has rezoned an area of land north of the airport for industrial growth with a focus on large format logistics and service industries. The North East Industrial Zone (NEIZ) is starting to come under greater development pressure with property owners seeking to realise the rezoning of area. Council, through the Growth Programmes in the LTP has budgeted to undertake infrastructure investment to ensure that the infrastructure needs are aligned and provide a coherent network for the NEIZ. The upgrade has now been tendered and the preferred tenderer’s price is lower than the Engineer’s Estimate for the works and so there is sufficient funding available for this tender in the 2022/23 and 2023/24 financial years. The programme from the preferred tenderer indicates that the infrastructure components (water and wastewater) will be constructed in the 2022/23 FY. Programme 1005 (Urban Growth – NEIZ – Water Supply) does not currently contain the required budget in the 2022/23 FY to fund the water supply component of the works and $920,000 is required to be brought forward from the 2023/24 financial year to the 2022/23 financial year.
OPTION 1:	Bring forward $920,000 from the 2023/24 financial year into the 2022/23 financial year
Community Views	While no community views have been sought regarding moving of the budget, Council has been communicating with property owners seeking to develop their land and these property owners would be expecting that the infrastructure and roading development would be undertaken in a logical manner enabled by bringing the funding into the 2022/23 financial year.
Benefits	· Enables the in-ground water services for Richardsons Line and Setters Line to be installed prior to the road construction. · The infrastructure and roading works are delivered as a comprehensive package through one contract reducing costs and time.
Risks	The constrained supply of materials, plant and labour impacts the delivery programme. This risk has been addressed through the tender process. There is a risk of adding additional work to be delivered this year, which would be mitigated by moving some budget funds (partial) from other projects to next financial year to help balance staff and supply chain workload.
Financial	The works are funded from 3 programmes; Programme 210 Urban Growth – NEIZ – Wastewater, Programme 1005 Urban Growth – NEIZ – Water Supply and Programme 2058 Urban Growth – NEIZ – Transport The programme budget for Programme 1005 Urban Growth – NEIZ – Water Supply can be reduced by $920,000 in the 2023/24 financial year. The combination of programmes over the 4 financial years of the work contains sufficient budget to deliver the works.
OPTION 2:	Do not bring forward $920,000 from the 2023/24 financial year into the 2022/23 financial year
Community Views	While no community views have been sought regarding moving of the budget, Council has been communicating with properties owners seeking to develop their land. Installing the water services after constructing the road would negatively impact Council’s reputation.
Benefits	No change to the current approved Annual Plan
Risks	Delaying the spend in Programme 1005 (Urban Growth – NEIZ – Water Supply) until budget is available in 2023/24 would delay the start of the project until then due to logical construction process i.e. pipes first then road pavement. This could trigger having to re-tender the project or significant time delay costs for council.
Financial	No change to the budget allocations for the three programmes delivering the upgrade works

Rationale for the recommendations

1. Overview of the problem or opportunity

1.1 The Richardson’s Line and Setters Line Upgrade is a project in Councils 2021-31 10 Year Plan and is the first stage in the upgrading of roading, wastewater and stormwater infrastructure in the North East Industrial Zone (NEIZ). This will enable expansion of commercial development in the area by providing a road suitable for heavy vehicles and the ability to connect to new 3 water infrastructure.

1.2 The upgrade was programmed for delivery in the 2021/22 financial year. However, the completion of the detail design has been delayed because of the effects of COVID-19 on workforce and the need to prioritise work with reduced resources.

1.3 The upgrade has now been tendered. Prices from the Tender process are generally lower than the Engineer’s Estimate for the works - there is enough funding available for this project to be completed within the 2022/23 and 2023/24 financial years.

1.4 The programme for building the work indicates that the infrastructure components (water and wastewater) would preferably be fully constructed in the 2023/23 FY, to allow road works to take place in the next financial year.

1.5 The 22/23 Annual Plan budget for 22/23 is insufficient for the water supply component to be completed in the 22/23 financial year. Officers recommend that $920,000 to be brought forward from the 2023/24 financial year to the 2022/23 financial year to fund the water supply component of the works.

2. Background and previous council decisions

2.1 Palmerston North City Council has rezoned an area of land north of the airport for industrial growth with a focus on large format logistics and service industries. This area includes existing rural road corridors, which will become the main access to service the growth area. The existing roading network is required to be upgraded and new 3-waters infrastructure to be installed to cater for the increased demand generated by the new industry.

2.2 Currently Richardson’s Line is a rural road that runs between Milson Line and Railway Road. The length of Setters Line to be upgraded is off Richardson’s Line and is a dead end. Currently there is a mixture of lifestyle properties and farmland off both roads.

2.3 As part of the construction PNCC has engaged with other service providers to install or upgrade their utilities as part of this project. Kiwi Rail are in the planning stages of a new rail hub that will be located at the eastern end of Richardsons Line. Modelling has been done to ensure the pavement design is adequate.

3. fINANCIAL cONSIDERATIONS

3.1 The Richardsons Line and Setters Line Upgrade being delivered over four (4) Financial Years through the following programmes:

· Programme 210 Urban Growth – NEIZ – Wastewater

· Programme 1005 Urban Growth – NEIZ – Water Supply

· Programme 2058 Urban Growth – NEIZ – Transport

3.2 Below is a budget summary over the four (4) years for the project:

BUDGET	2020/21 (Actual)	2021/22 (Actual)	2022/23 (Budget)	2023/24 (Budget)	TOTAL
Prog 210 (wastewater)	19,080	935	674,065	158,821	852,901
Prog 1005 (water supply)	20,170	25,628	639,201	963,513	1,648,512
Prog 2058 (roading)		160,937	3,000,000	4,743,959	7,904,896
TOTAL	39,250	187,500	4,313,266	5,866,293	10,406,309

Note: The carry forward process to develop and confirm the 2022/23 Annual Plan proposed a carry forward of $5m; $3m in 2022/23 and the remaining $2m was carried forward into 2023/24, noting that carry forwards identified for the 2023/24 FY are indicative until approved by Council as part of the 2023/24 Annual Budget process.

3.3 Although there is sufficient money in the LTP and AP budgets for the current construction project to proceed, programming of construction shows that more money will be spent this financial year and less next financial than the current budget distribution, because all the water and wastewater works will be completed in the first financial year. It is therefore recommended to bring forward $920,000 from 2023/24 to 2022/23 to cover the earlier spend for water supply (Programme 1005).

3.4 Below is the forecast and actual expenditure for each of the programmes based on current analysis and assuming contract award in October 2022.

REQUIRED TO COMPLETE THE PROJECT	2020/21 (Already Spent)	2021/22 (Already Spent)	2022/23	2023/24	TOTAL PROJECT SPEND	BUDGET REMAINING END OF 23/24
Prog 210 (wastewater)	19,080	935	674,065		694,080	158,821
Prog 1005 (water supply)	20,170	25,628	1,559,201		1,604,999	43,513
Prog 2058 (roading)		160,937	3,000,000	855,345	4,016,282	3,888,614
TOTAL	39,250	187,500	5,233,266	855,345	6,315,361	4,090,948

4. Conclusion

4.1 The Richardson Line and Setters Line Upgrade has now been tendered and the tender price is lower than the Engineer’s Estimate for the works and there is enough budget available for this tender in the 2022/23 and 2023/24 financial years.

4.2 The programme from the preferred tenderer indicates that the infrastructure components (water and wastewater) will be constructed in the 2023/23 FY.

4.3 Programme 1005 (Urban Growth – NEIZ – Water Supply) requires $920,000 to be brought forward from the 2023/24 financial year to the 2022/23 financial year to fund the water supply component of the works.

5. Next actions

5.1 Award and enter a contract with the preferred tenderer for the construction of the Richardsons Line upgrade subject to agreement of the conditions of contract and tender tags to the satisfaction of PNCC

6. Outline of community engagement process

6.1 Officers have developed a communication and engagement plan for the project which sets out specific measures to ensure all stakeholders are aware of the project and to minimise disruption to residents, businesses, and the wider transport network while maintaining access and ensuring efficient project delivery.

6.2 Wider communication about the project will be undertaken ahead of the start of physical work.

7. Compliance and administration

Does Council have delegated authority to decide?		Yes
Are the decisions significant?		No
If they are significant do they affect land or a body of water?		No
Can this decision only be made through a 10 Year Plan?		No
Does this decision require consultation through the Special Consultative procedure?		No
Is there funding in the current Annual Plan for these actions?		Yes
Are the recommendations inconsistent with any of Council’s policies or plans?		No
The recommendations contribute to Goal 4: An Eco City
The recommendations contribute to the achievement of action/actions in Waters The action is: Provide safe and reliable water supplies
Contribution to strategic direction and to social, economic, environmental and cultural well-being	Innovative and growing city. Constructing the infrastructure to unlock the North East Industrial Zone encourages our city to continue to grow and create new jobs.

Attachments

Nil

Memorandum

TO: Council

MEETING DATE: 5 October 2022

TITLE: City Transportation Review Scope

Presented By: Hamish Featonby, Group Manager - Transport and Development

APPROVED BY: Sarah Sinclair, Chief Infrastructure Officer

RECOMMENDATION(S) TO Council

1. That Council approve the scope for the City Transportation Review for implementation.

1. ISSUE

1.1 The Fulton Hogan contract for road maintenance commenced on 1^st July 2021. This is a 3-year contract with two right of renewals after the 3^rd and 6^th years. It is an amalgamation of a number of existing, smaller contracts for the first time, bringing together the maintenance, renewal and capital improvement activities of all roading assets such as pavements, footpaths, street and traffic lights and drainage. The contract also empowered Fulton Hogan to collect and analyse the asset data for most of the roading and transportation assets, to perform all the regular routine inspections to pick up defects and problems across the network, and to have direct access to kbases and customer queries. This was intended to enable an immediate response to urgent issues, and to allow the contractor to develop the work plans for the roading and transport asset maintenance activities based on the data analysis.

1.2 Since commencement, there have been some perceived and actual challenges around performance of the contract, alongside increasing visibility of the rapid deterioration of the road network over recent years and concerns regarding the impact of heavy goods vehicles so whilst there are potentially some responsiveness issues, the deteriorating network is signalling a potential need for a step change in investment as well. Elected members raised their concerns to Officers during reports to Council about contract progress. At the Infrastructure Committee meeting on 17^th August 2022 the committee resolved “That an independent Review or Peer Review is undertaken as soon as possible on City Transportation Infrastructure, seeking improvements, various partnerships and options.”

1.3 In order to ensure the Review focuses on areas that will provide confidence, the scope is presented for confirmation prior to engaging an independent party to perform the review.

2. background

The new contract

2.1.1 The award of the tender to Fulton Hogan for the combined road maintenance contract was ratified in early March 2021. As Fulton Hogan was not the incumbent contractor for Council, this new contract required them to build up and reallocate office and field staff as well as machinery into Palmerston North. Due to various constraints, Fulton Hogan started the road maintenance contract on 1^st July 2021 without a fully resourced team in place. In addition, a backlog of work from the previous incumbent also contributed to a slow start to construction. The challenges with resourcing subsequently contributed to programmes of work being not fully delivered.

2.1.2 Given the scale of the contract, a new contract management role was established within Council’s Transport and Infrastructure Division. Based on the level of contractor empowerment, this was anticipated to be a single role within Council, with manager input into formal aspects of contract management under the industry standard contract. A robust documentation system was put in place to capture contract management meetings, any changes to programmes of work, and any formal notifications made between parties. This included a full operational setup in the Roading Information System, RAMM (Road Assessment and Maintenance Management), to capture work quantity performed in the field and to assign and track payments made for that work. Measures for contractual performance requirements of the contract included specifications of technical requirement, the contract Promises Register and contract management plans such as Health and Safety and Environmental management documents.

2.1.3 Council officers supplied an indicative annual programme at contract start up and initial delivery planning was focused on confirming the year’s renewal programmes and enabling works (such as pre-seal repairs prior to resurfacing), reacting to customer complaints and beginning routine works such as pothole repairs and street sweeping. The contract required local sub-contractors be used, and Fulton Hogan’s tender included subcontractors to perform specialist services such as Street Sweeping, Traffic Light maintenance, Chip seal Resurfacing and concrete works.

2.1.4 Managers and the contract management lead set up regular meetings, including weekly general contract management meetings and monthly programme planning and Governance meetings to ensure ample start up discussions and planning, to align plans and expectations.

2.1.5 Contractor resource constraints meant that high staff time inputs were required from Council Officers to achieve suitable contract management plans and outcomes from the Promises Register. When the Covid lockdown and subsequent restrictive alert levels occurred in August 2021, delays began to appear in the planning of works both within council and Fulton Hogan. It was expected that the first year of the new contract would involve some adaptive process change to ensure the desired outcome of programme delivery was suitable, however the disruptive nature of this event made this much more difficult. In addition, the replacement of face to face meetings with virtual meetings affected early relationship building between Council officers and the contractor’s local contract management team.

2.1.6 Key Responsibility Areas (KRAs) were developed for the contract but following the Covid lockdowns and contract setup issues in the first six months the contract management team resolved with Fulton Hogan that it would be more reasonable to put the finalisation of these on hold. Instead the contract management team and Fulton Hogan focussed on meeting contract compliance requirements as a first priority. Now that the second year has begun KRAs will be revisited.

Contract management changes through 2021-22 Financial year

2.1.7 Over the course of the 21/22 financial year Fulton Hogan recruited more contract management staff although there are still some gaps in key roles reflective of the current labour market skills shortages. Fulton Hogan also increased their “field” presence including having a dedicated asphalt paver and mill assigned to their Palmerston North depot. This has enabled more reliable delivery as less work is reliant on Fulton Hogan teams from outside the region. This improvement in reliability has however been tempered with the high impact of Covid and Flu through the Fulton Hogan workforce which has at times severely limited the ability of crews to continue work with key staff away.

2.1.8 Fulton Hogan has focused on the proactive data capture of defects across the network and programming repairs based on criticality, i.e. higher volume traffic locations and higher safety risks. Defects have been and continue to be captured through regular road inspections and customer requests for service into RAMM which has given them and Council Officers a comprehensive understanding of faults across the network. The first progress report to Council in March 2022 identified that the ability to analyse data comprehensively had identified a number of areas of the network with more rapid deterioration than anticipated, reducing the remaining lifespan of the road. As of writing this report there were over 8,100 defects covering bridges, roads, drainage, streetlights, footpaths, vegetation, signs, road markings, bus stops etc. These defects are prioritised from barely visible where the response is to monitor for deterioration, to a safety issue where the action is to respond as soon as possible and other stages in between. This identification and prioritisation help give both officers and Fulton Hogan visibility of the current issues on the road network at any point in time and aid in suitable planning of limited resources.

2.1.9 Early in the 2022 calendar year the Transport and Infrastructure Division within Palmerston North City Council was restructured to create a fit for purpose structure to respond to government-led reform around Three Waters, labour market constraints, supply chain issues, and the increasing workload of the infrastructure unit. The key changes within the Road context was the creation of the Contract Management team and the implementation of the Design Panel.

In part, the establishment of the Contract Management team was to create a centre of excellence for contracts and contract management, and associated commercial considerations such as tendering, in a similar approach to the Project Management Office (PMO) for Project Management. The structure brought more capacity and capability into Council, in part to bring additional resource into managing the Fulton Hogan contract. During the nine months this team has been in place, a number of improvements have been implemented in contract management practice, and specifically for the Fulton Hogan contract. Due to early issues with lighting, a staff member was allocated part-time to managing the lighting aspects of the contract, including subcontractor H&S issues. A second resource was subsequently added to the contract management team to undertake compliance auditing, as well as the auditing being done by Fulton Hogan itself.

Prior to the restructure of the Infrastructure Unit the internal design team struggled to service the increasing workload required and so was supported by consultants in an ad hoc manner. The decision was made to consolidate the use of consultants by procuring a Design Panel of two specified consultant teams to remove the in-house requirement for a design team and to provide a competitive, cost effective consulting panel. Following a robust procurement GHD and WSP were admitted to the panel and are very busy providing designs for this financial year and next. This will improve the early flow of minor capital works to the Fulton Hogan contract, or early decision making to procure construction from an alternate supplier.

2.1.10 The contract includes the provision of 20% subcontracted works. Subcontractor management has been a focus for Officers. Fulton Hogan pledged to Council that their subcontractors would meet their Health, Safety, Quality and Environmental standards prior to commencing any work. After adding contract management resource, Council Officers performed their own audit of those subcontractors against Fulton Hogan’s standards and found significant issues with an approximately 75% failure rate. Fulton Hogan has advised Officers that appropriate documentation together of insurances, inductions etc is now complete. A follow up audit will be performed prior to the end of the calendar year.

2.1.11 Some teething issues with subcontractors has impacted the level of service provided. Following contract award, Fulton Hogan changed their lighting subcontractors from council’s previous incumbent supplier with local experience to another nearby firm. A number of issues were raised with the subcontractor performance. The ownership of the subcontractor has since changed. Officers have received assurances that Fulton Hogan experts are working with them to develop and improve assurance processes, including health and safety assurance.

2.1.12 Issues with other suppliers have been exacerbated by lack of early information to officers. Discussion with Fulton Hogan has reinforced that council’s operational teams can support some issues and prevent them becoming significant if advised early. For example, during heavy leaf fall a subcontractor street sweeper truck broke down. Council was not advised, and work stopped without officer knowledge or endorsement. Once the issue was identified and escalated, Council’s operational teams were drafted in to provide clean-up support.

Current situation

2.1.13 The business as usual part of the Road Maintenance contract is beginning to work well. Monthly programming meetings are occurring to discuss and confirm the next months’ maintenance and renewals works and completion of those works is starting to become more reliable. The planned work is being crossed checked against budgets and recorded in RAMM and once completed on the road is processed for payment in RAMM as well. Response to weather events has been good with diversion from planned work occurring on demand as events unfold.

2.1.14 The Contract Management team are managing the contractual requirements including coordinating audits of the completed works prior to payment. For maintenance and minor renewal activities, such as pothole repairs, street sweeping, culvert replacements or pavement renewals, 10% of all work claimed is audited by PNCC Officers in addition to contractor quality management measures. The audit includes onsite quantity confirmation and quality assurance. For major renewal and capital works Officers are inspecting and auditing 100% of those projects, in some cases more than once e.g. Cloverlea Roundabout or Summerhill Pavement Renewals, to identify any non-compliances. Officers are also ensuring asset information is compliant prior to payment e.g. as-built information. Payment is held back for items raised until contractual obligations are satisfied.

2.1.15 A portion of rework delivery is being managed between Officers and Fulton Hogan. This is completed work that didn’t meet a quality standard or failed prematurely that is due to be repaired at Fulton Hogan’s cost as it had been claimed and paid for as completed to standard. Delivery planning of the rework has indicated that due to winter working constraints there is some work awaiting completion in the summer season from far back as October 2021.

2.1.16 A Contract Improvement Plan has been requested to address some unresolved issues with a focus on addressing outstanding NTCs (Notice to Contractor), known delivery issues (e.g. subcontractor management, ordered work delivery) and outstanding rework/defects (network delivery quality issues).

Road Network Condition Responsiveness

2.1.17 A semi-automated system has been set up to integrate kbases into RAMM which allows Fulton Hogan to manage kbases in a timely and efficient manner. This allows Fulton Hogan to triage issues as they arise in their operational set up in RAMM.

The kbase analytics has changed somewhat since the previous roading contract was in place. There are now 9 categories that are assigned to Fulton Hogan compared to 4 that existed when Higgins had the contract, because the current contract amalgamated a number of other contracts.

Fulton Hogan All Roading Categories – 01 September 2021 – 31 August 2022 – Total KBase Count: 7,981

Roading specific kbases are broken down into subcategories in the table above. It can be seen that the predominate number are for pavement complaints such as potholes, but that there are significant numbers of kbases raised for other issues such as road signs.

The graph below shows how numbers of roading kbases to Fulton Hogan compared to those to Higgins over the previous comparable12-month period. On average Fulton Hogan are receiving over 2 times more kbases per month than Higgins did the previous year. There are many different factors that could be influencing the difference between the two such as the road condition deteriorating significantly due to weather patterns, or availability of the call centre and snap send solve application to make it easier to lodge an issue. It may also reflect a lack of responsiveness to early resolution of issues, or challenges with planning the maintenance of the network or a combination of multiple factors. In total Fulton Hogan have received 6,613 kbases and Higgins had 2,249 in a similar time period at the end of the contract. It is proposed that the Review will look into this data more, to understand what the causes of such a discrepancy are, and whether there are specific issues in certain areas such as e.g. street lights, surface water channels and signs. It will also ensure any external factors are investigated such as the effect of Powerco outages on Street Lights complaints.

An example of the complexity of interpreting the data is that during the last five years of the previous road maintenance contract, Higgins repaired on average 1,787 potholes a year, indicating that they would have received fewer pothole kbases to resolve. During Fulton Hogan’s first year they completed 1,930 roading potholes which correlates with the higher number of road related complaints. This hints at a deteriorating road network that has more complaints of faults, and more repairs required than the previous contract term.

Road Maintenance Budgets and 10 Year Plan

At the time of contract establishment, LTP budgets were used to determine quantities of different elements of work likely to be performed by the contractor. The first year of the contract has indicated that some of the budgets need to be re-balanced, e.g. funding pre seal work before undertaking the reseals. However, given the scale of deterioration of some roads, evidenced through potholes and surface changes, and the wet weather of last winter affecting the stability of some roads, current budgets do not reflect the expenditure needed to maintain levels of service. A paper is being prepared for Council on funding road slips and stabilisation works arising from the winter.

In addition, work is underway to inform AP and LTP with asset life modelling being commissioned to use the road condition data to prepare an estimate of work needed to remediate all known defects. This will be used to prepare outline options for work programming for ten or twenty years, which will inform the Asset Management Plan and subsequently the 10-year plan and be used to prepare business cases to Waka Kotahi for co-funding. The potential increase to funding requirements has been signalled in previous reports to the Infrastructure Committee – in particular the issues arising from heavy trucks on a road network that wasn’t designed for the quantity and loading it now has.

The current annual plan consultation feedback also identified high demand for low cost low risk work such as road safety improvements, which are beyond the current funding envelope co-funded by Waka Kotahi. Options will be considered in future funding scenarios, to enable discussions at the next LTP.

2.2 Future Changes

With our Roading Asset Management Plan due in August 2023 to Waka Kotahi the tactical and strategic options for Palmerston North’s Road network are currently being considered. Officers are considering the overarching problems the network is facing in terms of increased deterioration, constrained funding and increased multi modal expectations. Some of this will be resolved through implementation of PNITI, which includes a number of enabling projects across Palmerston North to manage and direct traffic to the ring roads. This will require some early implementation which needs to be planned into future work.

The impacts of COVID are still affecting construction, in particular impacting on demand for resources because of high public investment, a lack of skilled resources exacerbated by constraints on immigration, challenges around supplies from overseas affecting materials and equipment. This is starting to move the construction sector away from a ‘just-in-time’ approach to more planned work with core purchase of key supplies, and consideration of predictability of resources as a key aspect of cost and value management. The Review will consider the likely future issues around supply chain within its scope.

3. Scope of Review

As noted above, early constraints and concerns about responsiveness have affected the road maintenance contract which will expire in June 2024 unless the contract is rolled over. In addition, in June 2024 a new 10-year plan will be adopted, after public consultation and feedback. Work has already started on developing road condition models to indicate required investment levels to address network deterioration. It is timely to undertake a review of the road maintenance contract and its performance, and to consider the overall management of the road network particularly in the context of the change that is coming.

The review will consist of three separate sections. The first section will look at the contract including background information, data analysis of performance and interviews to gain an understanding of the change since the start of the contract and the current state. The second section will summarise and define potential strategies and options for improving on the current state based on the findings from section one. The third section will focus on deterioration of the network and funding availability.

3.1 Section One – Understanding the current situation

The Reviewer will interview key stakeholders such as with the contractor, subcontractors, staff, Waka Kotahi and EMs, confirming what’s working and what needs improvement to get a generalised understanding of the current situation and culture of the teams. The topic of general underlying road issues and future preparedness will be included. The review will also look at the contract, what is required, performance against contract requirements, and how that aligns with expectations.

3.2 Section Two – Recommendations on Responsiveness

Section two of the report will provide commentary and summary along with options for improvement including but not limited to process improvements, contractual levers or options and delivery or partnership options such as different models e.g. partial internal delivery.

3.3 Section Three – Improve Budgets (root cause)

Section Three of the report will provide insight and suggested improvements options based on the how the network is deteriorating and how the available funding is a factor in the outcome of the road network’s condition. It will consider constraints that limit the ability of officers and contractors to be able to respond in a suitable manner such as the budgets and funding from external parties which is sought in a relatively competitive environment.

3.4 The Review will be funded from the Waka Kotahi subsidised Operational Budget for NZTA151 Network and Asset Management which allows subsidy for professional services for road maintenance activities. Initial estimates on cost of the review are in the low tens of thousands however this will be confirmed once services are procured.

3.5 It is anticipated that Officers will work with the reviewer to provide data analytics. Some data may also be required from the Contractor.

3.6 The Review Sponsor will be Chief Infrastructure Officer Sarah Sinclair, with Hamish Featonby, Group Manager Transport and Development being the Review Lead and primary contact for the Reviewer from the Palmerston North City Council side. Neither officer was involved in the development or procurement of the contract and will provide an objective view.

4. NEXT STEPS

4.1 Subject to Council approval of the proposed scope of the review, an independent person outside of the organisation will be determined and assigned the review. The reviewer will be someone who is familiar with contracts, with the transport sector, and importantly with how Councils operate as roading authorities, and the demands and requirements of such client organisations. The intention is that this person will lead the review with inputs from Officers to share the history and data required. The Reviewer will work closely with a Review Lead from Council to coordinate and enable appropriate access to staff and resources.

4.2 Timing for the review will be largely dependent on the availability of a suitable Reviewer, however the intention will be that this happens this calendar year if possible and once confirmed the expected timeline will be shared. The Council Review Sponsor and Review Lead will find a Reviewer from the Transportation industry who can provide credibility to the review while maintaining independence

4.3 The Review will be compiled into a report for council and brought back to an appropriate committee once they are determined.

5. Compliance and administration

Does Council have delegated authority to decide?		Yes
Are the decisions significant?		No
If they are significant do they affect land or a body of water?		No
Can this decision only be made through a 10 Year Plan?		No
Does this decision require consultation through the Special Consultative procedure?		No
Is there funding in the current Annual Plan for these actions?		Yes
Are the recommendations inconsistent with any of Council’s policies or plans?		No
The recommendations contribute to Goal 5: A Driven & Enabling Council
The recommendations contribute to the achievement of action/actions in Governance and Active Citizenship The action is: Performance
Contribution to strategic direction and to social, economic, environmental and cultural well-being	Understanding the performance of one of our key long-term contracts will provide assurance to governance our Roads are being managed appropriately.

Attachments

Palmerston North City Transportation Review Scope ⇩

Memorandum

TO: Council

MEETING DATE: 5 October 2022

TITLE: Recommendation for appointment - Te Rere Hau Windfarm

Presented By: Jeff Baker - Planning Services Manager

APPROVED BY: Kerry-Lee Probert, Acting Chief Customer Officer

RECOMMENDATION(S) TO Council

1. That the Legal Counsel (in liaison with Principal Planner (Planning Services), or the Chief Customer Officer), is delegated the authority to nominate one or more commissioners from the current Council approved Commissioner Schedule to the Environmental Protection Authority and Panel Convenor for their consideration for appointment to the Expert Consenting Panel to consider the Te Rere Hau Windfarm application. The Legal Counsel shall seek input from the Chairperson and/or Deputy Chairperson of the Hearings Committee, and/or their nominee from the Committee.

1. ISSUE

NZ Windfarms Ltd (NZWFL) obtained a referral from the Minister for the Environment to fast-track their Te Rere Hau Wind Farm Repowering Project using the provisions of the COVID-19 Recovery (Fast-track Consenting) Act 2020.

The scope of the project is to redevelop and expand the existing Te Rere Hau wind farm by removing 97 two-blade, 47-metre high turbines; and installing 30 three-blade, 162 metre-high turbines; and constructing associated infrastructure, including either upgrading the existing underground transmission line or installing a new overhead transmission line.

The project is located on the ridgelines of the Tararua Range north of the Pahiatua Aokautere Road, approximately 11 kilometres south-east of Palmerston North.

The project will require resource consents (normally determined by Horizons Regional Council, Tararua District Council and Palmerston North City Council) from an Expert Consenting Panel appointed by the panel convenor (Judge Newhook) and administered by the Environmental Protection Authority (EPA).

It is expected that Council will soon receive a request from the panel convenor for a nomination to sit on the Expert Consenting Panel. The timing of the request will be largely determined by NZWFL when they decide to lodge their consent application with the EPA.

The panel convenor may either act as the chairperson of the panel, or appoint a Judge, Retired Judge, or suitably qualified lawyer with experience in resource management law to be the chairperson of the panel.

The panel convenor must also appoint 1 person nominated by the relevant Local Authorities and 1 person nominated by the relevant Iwi Authorities. If the Local Authorities and Iwi Authorities nominate more than 1 person each, the panel convenor must decide which of those nominees is appointed as a panel member.

The Act requires that the members of the panel must, collectively, have the knowledge, skills, and expertise relevant to resource management issues; and the technical expertise relevant to the project; and expertise in tikanga Māori and mātauranga Māori. Members of the panel must also be accredited under s39A of the Resource Management Act 1991.

Council has previously considered and determined the suitability of the commissioners on the current RMA Commissioner Schedule to hear and determine resource consent applications on behalf of Palmerston North City Council. The commissioners listed on the schedule will have the resource management and technical expertise relevant to this project.

Approving the list of commissioners on the current RMA Commissioner Schedule will provide flexibility as the timeframes are largely determined by the applicant and commissioners may not be available depending on those particular dates.

The costs involved with any nominee appointed to the expert consenting panel are incurred by the EPA and recoverable from NZWFL.

2. BACKGROUND

In 2020, Central Government introduced the COVID-19 Recovery (Fast-track Consenting) Act 2020. The purpose of this Act is to fast-track projects that can boost employment and economic recovery.

The Environmental Protection Authority (EPA) is the Government Department responsible for this legislation and for administering the process. Projects can gain access to this process two ways – be written into the legislation or apply to use the process.

Individuals and groups can apply to the Minister for the Environment to have public or private projects referred to Expert Consenting Panels. Before an application is approved to use the process, the Minister seeks comments on the consents required from all relevant local authorities.

Once an application has been approved to use the fast-track process the Panel Convener for the project contacts the relevant local authority for a nomination of a person to sit on the Expert Consenting Panel.

This person may be a Councillor, or an independent decision maker. However, they must be a certified decision maker. The nominated person may not be appointed to the panel, but they must be considered by the Panel Convenor.

As this is new legislation, Council currently has no delegations which authorise the nomination of persons to this panel.

3. NEXT STEPS

Following adoption of the recommendations in this memorandum, Council staff will advise the affected persons of their approval for nomination and provide those names and details to the EPA when invited.

4. COMPLIANCE AND ADMINISTRATION

Does Council have delegated authority to decide?		Yes
Are the decisions significant?		No
If they are significant do they affect land or a body of water?		No
Can this decision only be made through a 10 Year Plan?		No
Does this decision require consultation through the Special Consultative procedure?		No
Is there funding in the current Annual Plan for these actions?		No
Are the recommendations inconsistent with any of Council’s policies or plans?		No
The recommendations contribute to Goal 5: A Driven & Enabling Council
The recommendations contribute to the achievement of action/actions in Governance and Active Citizenship
Contribution to strategic direction and to social, economic, environmental and cultural well-being	Advice to Council about delegations assists in sound and well-informed decision making.

Attachments

Nil

Memorandum

TO: Council

MEETING DATE: 5 October 2022

TITLE: Amendments to the Traffic and Parking Bylaw 2018 (Light Motor Vehicle Prohibitions) - Approval for Consultation

Presented By: Julie Macdonald - Strategy & Policy Manager

APPROVED BY: David Murphy, Chief Planning Officer

RECOMMENDATION(S) TO Council

1. That pursuant to s.155(1) of the Local Government Act 2002 the Council determine that a bylaw is the most appropriate way of addressing the perceived problems caused by light motor vehicle (street racer) activity which affects the safety of other road users, is harmful to the environment, and causes nuisance to owners or occupiers of neighbouring businesses and residential properties.

2. That pursuant to s.155(2)(a) of the Local Government Act 2022 the Council determine that amendment of the Palmerston North Traffic and Parking Bylaw 2018 is the most appropriate form of bylaw.

3. That pursuant to s.155(2)(b) of the Local Government Act 2002 the Council agrees that it is not anticipated that an amended Palmerston North Traffic and Parking Bylaw would give rise to implications under the New Zealand Bill of Rights Act 1990.

4. That Council approve the Amendments to the Traffic and Parking Bylaw 2018 (Light Motor Vehicle Prohibitions) Statement of Proposal, attached to the memorandum titled ‘Amendments to the Traffic and Parking Bylaw 2018 (Light Motor Vehicle Prohibitions) – Approval for Consultation’ for consultation with the public.

5. That the Acting Chief Executive be authorised to approve minor amendments to the consultation document prior to publication.

1. Summary of ISSUE

In March 2022 the Planning and Strategy Committee considered the report ‘Options to address ‘street racer’ issues’. The Committee recommended and the Council resolved:

That Council endorse Option 1: Limit access to Works Road through a bylaw as described in the Memorandum dated 9 March and entitled ‘options to address ‘street racer issues’

That unbudgeted expenditure of $30,000 be approved to enable a Traffic and Parking Bylaw review to be brought forward to 2021/2022 – 2022/2023.

This memorandum responds to the above resolutions with proposed amendments to the Palmerston North Traffic and Parking Bylaw and the related Administration Manual.

The amendments are prepared in accordance with s.22AB(1)(zk) of the Land Transport Act 1998 (LTA) and address issues associated with ‘street racing’ by prohibiting access and gathering of light motor vehicles on identified roads in Palmerston North. The amendments are made to promote road safety and to protect the environment by:

· Prohibiting Light Motor Vehicles (vehicles weighing less than 3,500kg) from being operated on roads identified in the Administration Manual to the Bylaw.

· Restricting the times the prohibition is in effect to 10:00pm – 4:00am every day of the week, or as otherwise described in the Administration Manual to the Bylaw.

· Instructing Council to install signage that details the restrictions to road users.

· Enabling the New Zealand Police (the Police) to issue infringement notices for gathering of light motor vehicles in locations identified in the Administration Manual to the Bylaw.

· Excluding from the prohibitions those vehicles with genuine reason to be on roads identified in the Administration Manual.

Council does not have a role in enforcing the proposed amendments to the Bylaw. The success of the amendments will ultimately rest with the Police who are responsible for the enforcement of the prohibitions. The role of Council is to enable the Police to issue notices of infringement by keeping an up-to-date register of roads where the light motor vehicle prohibitions are in place and identifying these to road users by installing appropriate signage.

Amending the Traffic and Parking Bylaw will provide the New Zealand Police with an enforcement tool additional to those already at their disposal by enabling them to issue infringement notices to vehicles that are congregating for the purposes of street racing in contravention of a regulation established through the Bylaw. To this end, the proposed amendments are intended to be a deterrent to street racers congregating in the first instance.

Consultation approval is sought on the proposed amendments. The Statement of Proposal for the consultation on the proposed amendments to the Bylaw is attached to this memorandum as Attachment 1.

NOTE: none of the amendments or processes proposed in this memo constitute a full review of the Traffic and Parking Bylaw.

2. BACKGROUND

In October 2021, a deputation of community members from Longburn gave a presentation to the Committee describing issues they were experiencing with street racing events at Works Road. Members of the deputation described the ongoing noise disruption, an inability to access their businesses on Works Road, litter and damage to the area, as well as their own attempts to resolve the problem through requests to the Police and Council.

Following that, Council (through the Committee) adopted the below noted notice of motion:

That the Chief Executive investigate the anti-social and ‘street racer’ activity occurring at various locations on the outskirts of Palmerston north and provide advice on the various options Council could pursue to address this problem.

In March 2022 officers provided a report to the Planning and Strategy Committee in response to the resolution from October 2021.

The report provided analysis against set criteria (legal, viable, effective, enduring, applicable to other locations, timely, avoids other adverse effects) for options that had been identified to address the street racer issue and made recommendations to the Committee on the options provided based on that analysis. The options were:

· Option 1: limit access to Works Road through a bylaw

· Option 2: Develop a ‘Cruising Bylaw’

· Option 3: Make Works Road a ‘No Parking’ area

· Option 4: Temporarily close Works Road

· Option 5: Permanently close Works Road

· Option 6a: Physical deterrent (installation of speed humps)

· Option 6b: Physical deterrent (surface treatment)

This memorandum addresses only the recommendation of the Committee (and subsequent resolution of Council) to endorse Option 1: limit access to Works Road through a bylaw. Other resolutions made by the Council in response to the issues raised by the community have also been progressed.

The analysis and recommendation provided to the Committee for Option 1 was to amend the Traffic and Parking Bylaw to restrict access to a specified location (in this instance Works Road) by imposing restrictions to vehicles of a certain weight within specific hours, preventing gatherings on identified public roads, and/or some other methods as allowed under section 22AB of the Land Transport Act 1998 (LTA). The option was assessed against the set criteria and is summarised below:

a. Legal

Amending the Traffic and Parking Bylaw would provide the legal means to restrict the activities at Works Road (and elsewhere) as there is justification that this measure will enhance road safety and environmental protection.

b. Viable

Amending the Traffic and Parking Bylaw is a viable option in that Council could incorporate controls to prohibit assembly or congregation and/or prevent issues related to street racing through controls into the existing bylaw. These controls could apply to the city generally. Should prohibitions be made in the Traffic and Parking bylaw, signage describing those prohibitions would need to be installed at the location/s to notify users of the restrictions. Infringement fees cannot be issued without first notifying users of the restrictions.

c. Effective

The efficacy of amending the Bylaw to include restrictions that prevent gathering of street racers is dependent on the enforcement of the restrictions which are made. Deterrence achieved from receiving infringement fines is effective only if the action is repeatedly enforced.

Amending the Bylaw provides the Police with the means to issue those infringement notices or to prosecute offences. Under the Land Transport (Offences and Penalties) Regulations 1999, contravention of a bylaw without reasonable excuse can be penalised by $1,000 on conviction or $150 on issue of a notice of infringement. Contravention of a bylaw in certain instances can authorise the Police to seize and impound vehicles under s.96(1AA) of the LTA if:

1. The driver operated the vehicle in a manner that breached a qualifying bylaw; and

2. The vehicle is subject to a warning notice.

A warning notice may be fixed to a vehicle if a ‘qualifying bylaw’ is breached. The vehicle would have to have been operated in contravention of a qualifying bylaw twice before it could be seized. A qualifying bylaw means a bylaw that is made for one of the purposes established in s.145 of the LGA: to protect the public from nuisance, promote and maintain public health and safety, or minimise the potential for offensive behaviour in public places. Amendments to the Bylaw meet one or more of these stated purposes.

Police consider amending the Traffic and Parking Bylaw would give useful additional enforcement options to enable early intervention when gatherings are anticipated. The efficacy of the option is also dependant on the ability to keep signage detailing the restrictions in place – this is necessary for the enforcement of the restrictions.

d. Enduring

This response is in place until the Bylaw is amended or revoked.

e. Applicable to other locations

This amendment could be expanded to apply to various locations of concern. Further locations may be added by amending the Administration Manual (in each instance requiring engagement and a resolution of Council).

f. Timely

Unless otherwise delayed, the amended bylaw is likely to be consulted on, heard, and confirmed by June 2023.

g. Avoids other adverse effects

Restricting activity on identified roads may encourage the problem to move to an alternative location in the city, rather than preventing the problem from occurring at all.

Since the above information was provided to the Committee in March, staff have scoped the requirements of amending the Traffic and Parking Bylaw to include controls for addressing issues related to street racers observed in other areas of the city, not just Works Road. The Police have confirmed that street racers are congregating in areas other than Works Road and have provided data that supports this from January – August of 2022.

The information shows that issues related to street racing activity reported to Police are:

· Widespread – they do not occur only in one part of the City.

· Ongoing – issues have been reported to the Police consistently overtime.

· Problematic – issues reported alongside congregation of street racers includes disorderly behaviour and damage to property and the environment.

3. Other recommendations and resolutions of Council

In May 2022, at the request of the Committee, officers provided further information on Option 4 and the use of gate structures to temporarily close Works Road and/or the North East industrial Park.

Legal advice was sought at that time and the information provided to the Committee concluded that temporarily closing Works Road was not a viable solution based on cost, resource implications, and other challenges that would occur for safe and effective access to the road.

Additionally, regular temporary closures of the road on an indefinite basis was unlikely to be legally reliable as a permanent or ongoing solution to the identified problem.

4. problem definition and opportunity identified

Problem definition: Street racer gathering and activity at Works Road and other locations around the city resulting in disorderly behaviour, damage to property and the environment, and other nuisance issues.

The problem is defined as dangerous driving, noise and disruption caused by street racers gathering at Works Road and other locations around Palmerston North. The problem also includes consequential damage to property, in some instances obstructed access to homes or business premises, and general nuisance disturbing or negatively impacting the lives of nearby residents.

Police confirm that street racer activities can be both opportunistic and carefully organised, and are a consistently reported issue around the city and the wider region.

Opportunity identified: amend the Traffic and Parking Bylaw to address issues associated with ‘street racers’ by promoting road safety, protecting the environment, and preventing nuisance by prohibiting access to roads by light motor vehicles between specified times.

Police have provided information in addition to that which was already presented to the Strategy and Planning Committee in March. This information details each instance where a call has been made to the Police with a complaint that is logged as ‘unauthorised street and drag racing’. Police have confirmed that calls which are logged as such may also be categorised as ‘disorder’ or ‘traffic offending’. This is consistent with information provided by affected community members that it is uncommon for street racing to occur concurrently to, or immediately prior to or after, another incident of disorder.

From January 2022 – end of August 2022 there were 519 calls made to the Police related to street racer activity in the Palmerston North, with 1087 call made in the wider Manawatū region. This data shows that:

· Works Road, while still an area where street racing occurs, features in the data in much reduced numbers.

· areas such a Valor Drive, Bennet Street, Rangitikei Street, Makomako Road and Tremaine Avenue feature more prevalently in the data at this time.

· street racing occurs on all days of the week.

It is worth noting that Option 2: Develop a Cruising Bylaw, which was presented as part of the report received by the Committee in March 2022 has been discounted at this time as an option to reasonably address the identified street racer problem.

This is because the definition of ‘cruising’ given in the LTA and the problem activity that is observed in Palmerston North related to street racers do not match. Consequently, making a bylaw specifically for ‘cruising’ is not the best mechanism to address this issue.

Further, because the activity observed does not meet the definition of cruising, this also means that ‘cruising’ is not proposed to be regulated in the amendments being presented to the Council for consultation approval in this memorandum.

5. Description of Proposed Amendments

The proposed amendments are described below:

Proposed amendments to the Bylaw

The proposed clauses are drafted in as Clause 10 to Part Three of the Traffic and Parking Bylaw (marked-up in red and included as part of Attachment 2).

· Proposed clause 10.1 establishes the ability of Council to make a resolution to close roads to light motor vehicles within the scope of its discretion under clause 22AB(1)(zk) of the Land Transport Act 1998 (LTA).

Light Motor Vehicles are vehicles that weigh less than 3,500kg. These are the vehicles that are likely to be used by anyone attempting to engage or engaged in street racing activity. A definition of “Light Motor Vehicle” has been added to the Bylaw to this effect.

· Proposed clause 10.2 provides that Council will make available details of the locations of roads where a resolution has been made to prohibited access to light motor vehicles. These details can be found in the Administration Manual to the Bylaw.

· Proposed clause 10.3 sets out that the restriction for light motor vehicles will be between 10:00pm and 4:00am every day of the week unless otherwise resolved by Council and detailed in the Administration Manual.

These proposed times are supported by the Police.

· Proposed clause 10.4 establishes the necessary exceptions to clause 10.1 of the Bylaw.

The exceptions are those persons who own or occupy property on the identified roads (and their visitors), trade or service people with a legitimate reason to be on the road, Council vehicles with a legitimate reason to be on the road, and those who have otherwise been given prior written permission by Council.

· Proposed clause 10.5 states the effects of the controls of the clause on light motor vehicles users.

· Proposed clause 10.6 details signage requirements that will be met by Council to signal to road users the prohibitions that have been put in place.

This signage is also governed by Rule 4.2 of the Land Transport Rule: Traffic Control Devices 2004 which requires Council to install regulatory signage that identifies restriction or prohibitions made under the Bylaw. As such, the clause is not required to be included in the Bylaw, but has been included to offer clarity and completeness related to the content of the signage text.

Proposed amendments to the Administration Manual

The Administration Manual has been amended to reflect the proposed changes to the Bylaw (and is attached to this memorandum as Attachment 3).

A Light Motor Vehicle Prohibitions Register has been added as Part Five to the Manual. The Register is subject to the provisions of the proposed clause 10 of the Bylaw.

Locations in addition to Works Road have been identified by the Police as areas where street racer activity occurs. Detail of the proposed restrictions and locations of these restrictions are outlined in the proposed Register in the Administration Manual. The Register includes proposed prohibitions between 10:00pm and 4:00am for the following roads or parts of these roads:

· Bennett Street

· Birch Way

· El Prado Drive

· Makomako Road

· Malden Street

· Valor Drive

· Works Road

Proposed Clause 10.1 states:

“…Council may by resolution prohibit vehicles with a gross motor vehicle mass less than 3,500kg from being operated on any road or part of that road.”

This allows Council to be agile in its responsiveness to the community. Following an appropriate community engagement process, Council may amend the Administration Manual by resolution to include new or delete unnecessary identified locations where light motor vehicle prohibitions apply. The requirements of the special consultative procedure in s.83 of the LGA would not be necessary in this instance as the Bylaw would not be amended, rather the Administration Manual is amended.

6. Description of Options and Summary Analysis of options available

The following options are available to Council.

Option 1 – consult on the proposed amendments to the Bylaw.

Identified interest groups and stakeholders, along with the wider community, will be invited to provide feedback on the proposed amendments.

Option 2 – not consult on the proposed amendments to the Bylaw.

Unless otherwise instructed, no further work will be undertaken by Officers on this specific issue and the Traffic and Parking Bylaw 2018 will remain as it currently is.

Option 3 – request additional investigation be completed on the proposed amendments to the Bylaw.

Officers will take the direction given by Council and complete further preliminary work on the proposed amendments before returning to the Committee to seek consultation approval at a later time (noting it will be the Council sitting for the 2022-2025 term that will give such approval).

The following analysis provides details on the advantages and disadvantages of the options provided.

Problem identified	Ongoing disruptions to members of the community from street racer activity has been reported on several occasions to the New Zealand Police. The Police have requested Council enable them to issue infringement notices by amending the Traffic and Parking Bylaw.
Opportunity identified	The opportunity identified is to approve for public consultation proposed amendments to the Traffic and Parking Bylaw intended to address street racing issues. Officers have prepared proposed amendments to this effect.
OPTION 1 - Consult on the amendments proposed. This option is recommended.
Community Views	Community views are known. This amendment is proposed in direct response to requests made by the community, enabling the Police to respond to instances of nuisance or disorderly behaviour.
Benefits	Consulting on the proposed amendments will allow Council to receive feedback on the scope of the changes made, and the locations where they are to be applied.
Risks	There is a risk that by identifying streets where light vehicles will be prohibited at specific times and consulting on those amendments, this will encourage the street racing community to move their activity to different places around the city. This doesn’t correct the issue, rather it relocates it to another area where there may not be any light vehicle prohibition, and therefore no ability for the Police to issue infringements. It is not possible to predict where the activity could or would move to. The Police are aware of the possibility of the problem being moved rather than resolved.
Financial	There is an ongoing financial component to this proposed bylaw amendment. Should the proposed amendments to the bylaw be confirmed, signage will need to be installed at the locations described in the Administration Manual which are determined to be prohibited to light motor vehicles. Signage is critical to the enforcement of the bylaw as infringement notices (fines or “tickets”) are issued by the Police to someone who may be in contravention of the bylaw but has been appropriately notified of the restriction through regulatory signage.
OPTION 2 - Not consult on the amendments proposed. This option is not recommended.
Community Views	Affected community members have requested that Council take action to address street racer issues. The Police have also requested that the Council support their efforts to address street racer issues by enabling them, through a bylaw mechanism, to issue infringement notices. Not consulting would be contradictory to the request of the community and the Police.
Benefits	No further work need be completed on the bylaw amendment – this means Officer resource and the time of the Committee and the Council can be allocated elsewhere. There will be no additional funding required for installation of signage that notifies road users of restrictions.
Risks	Missed opportunity for Council to assist the Police prevent issues related to street racing from occurring, rather than responding to them after they have already occurred. Police would rely on existing controls to manage issues related to street racing, which currently do not adequately disincentivise street racers from participating in unlawful activities that occur when street racers congregate in large groups. Dissatisfaction from the community is likely, particularly those who have already voiced their concerns and requested action from Council to mitigate issues. Reputational risk is likely.
Financial	No additional costs for signage. Potential for ongoing damage to the roading network.
OPTION 3 – Not approve the proposed amendments for consultation and recommend additional work be carried out on the proposal. This option is not recommended.
Community Views	No significant benefits are noted in delaying consultation. The community has communicated their concerns to Council already, and the Police have provided information and support for a Bylaw mechanism that allows infringement notices to be issued, as well as location data where restrictions are proposed. Community views on street racing have been well covered in the media.
Benefits	No significant benefits identified to delaying consultation.
Risks	Delaying a response from Council to the issue could lead to dissatisfaction from the community and subsequent reputational damage. A further risk is that the Police are unable to issue infringement notices.
Financial	There may be interim financial costs associated with damage to road and other property Council could be responsible for repairing or replacing. There would be no additional cost associated with the installation of signage to notify road users of light vehicle restrictions.

7. Legal advice

Legal advice has been sought on the proposed amendments to the Traffic and Parking Bylaw.

The proposed amendments to the Bylaw are considered in respect of the Bylaws Act 1910 (BA), with particular attention given to s.13 and s.17 of the BA which provides instruction on the level of reasonableness that is expected in a Bylaw for it to be considered valid. The Proposed amendments have been scoped in a way that is considered reasonable, and the bylaw therefore valid.

The proposed amendments have been further considered with regard to the New Zealand Bill of Rights Act 1990 as required by section 155(2)(b) of the LGA, with no issues arising.

8. Conclusions

Approving the proposed amendments for consultation (Option 1) is recommended.

Approving the amendments for consultation will mean that the community can be notified of the light motor vehicle prohibitions and the locations of these proposed prohibitions, and feedback invited on these.

9. Next Actions

Should the recommendation be made to consult on the proposed amendments – the Statement of Proposal will be finalised for publication and notification of consultation will occur.

The proposed consultation period is from Monday 17 October 2022 to Sunday 20 November 2022, with written feedback on the proposal accepted at this time.

The community will be invited to give verbal feedback on the proposed amendments to the Committee early in 2023. The date for verbal feedback will be confirmed when the meeting schedule for the next triennium is determined by the Council. After hearing verbal feedback, a final report with officer advice on the issues raised by submitters, and recommendations on changes to the proposed amendments to the bylaw will follow at a subsequent meeting, date to be confirmed.

It is anticipated that the amendments will be finalised and confirmed by the Council in May 2023.

10. Description of Community Consultation

S.156 of the LGA requires Council to use the special consultative procedure when a proposed amendment to a bylaw is identified in the Significance and Engagement Policy as being a matter of significant interest to the public, or the proposed amendments will have a significant impact on the community. Consultation is recommended on this occasion as the proposed amendments are of significant public interest.

The Statement of Proposal sets out the scope of the proposed amendments, the reasons for the amendments, and a summary of the decisions that have been made by Council under s.155. Copies of the Statement of Proposal and the submission form will be made available at all the Council’s libraries and service centres. An online feedback form, information on the proposed amendments, and the consultation process will be on the Council’s website.

A letter will be distributed to stakeholders, including residents or owners of properties identified for light motor vehicle prohibitions. These letters will be accompanied by the Statement of Proposal and feedback form and will explain how the proposed amendments will affect the roads identified. Messaging for stakeholders, residents and property owners will make clear the exceptions that are detailed in the bylaw.

11. Compliance and administration

Does Council have delegated authority to decide?		Yes
Are the decisions significant?		No
If they are significant do they affect land or a body of water?		No
Can this decision only be made through a 10 Year Plan?		No
Does this decision require consultation through the Special Consultative procedure?		Yes
Is there funding in the current Annual Plan for these actions?		Yes
Are the recommendations inconsistent with any of Council’s policies or plans?		No
The recommendations contribute to Goal 3: A Connected and Safe Community
The recommendations contribute to the achievement of action/actions in Safe Communities.
Contribution to strategic direction and to social, economic, environmental and cultural well-being	The recommendations contribute to Priority 4 in the Connected Communities Strategy: He whakaū i te tāone e maritau ai, e noho haumaru ai ōno tāngata \| Be a city where people feel safe and are safe. Hapori Haumaru Safe Communities recognises safety as a fundamental human right, with wellbeing in all of its aspects (collectively referred to with th concept of te whare tapa whā) is dependant on being free from har or the threas of harm. The perception of safety impacts on the way people feel and interact in their communities. Council has committed to working with communities, businesses, local government, government agencies and others to promote safety. The actions in this plan also contribute to the achievement of of the Connected Communities Plan. This is because Council recognises that the issues that underpin safety concerns can be attributed to a lack of community connectedness or whanaungatanga and opportunities to encourage this.

Attachments

1.	Palmerston North Traffic and Parking Bylaw 2018 - Proposed Light Motor Vehicle Prohibitions ⇩
2.	Statement of Proposal ⇩
3.	Palmerston North Traffic and Parking Bylaw 2018 Administration Manual - Proposed Light Motor Vehicle Prohibitions ⇩

Memorandum

TO: Council

MEETING DATE: 5 October 2022

TITLE: Vogel Street Safety Investigation Plan

Presented By: Hamish Featonby, Group Manager - Transport and Development

APPROVED BY: Sarah Sinclair, Chief Infrastructure Officer

RECOMMENDATION(S) TO Council

1. That Council receive the Vogel Street Safety Investigation Plan report.

2. That Council note that a report on the Implementation Options for Vogel Street Safety Improvements will be presented to Council in early 2023.

1. ISSUE

1.1 In response to public consultation on the proposed Annual Budget 22/23, two formal submissions were received by Council relating to Vogel Street, one of which included a signed petition.

1.2 At the Council meeting on 29^th June 2022 the following resolution was made:

“That the Chief Executive report to Council with a staged plan to address the road safety concerns in Vogel Street as raised by petitioners in Submission 174, including information on community engagement, budget and timing.”

2. BACKGROUND

2.1 Vogel Street is a 2.1km minor arterial road (including Upper Main Street), which provides a connection to Tremaine Avenue, Railway Road and Main Street/SH3. All these connections are major arterial roads. The road also connects to Featherston Street, another minor arterial road.

2.2 The volume of traffic on Vogel Street ranges from 12,000 vehicles per day between Rata Street and Featherston Street to 6,900 vehicles per day north of Upper Main Street (i.e. near SH3). Of these vehicle movements, approximately 860 a day are trucks, an average of one every 2 minutes.

2.3 Vogel Street is a residential street, with mainly housing on both sides of the road. It has a small shopping centre and a school which are destinations for residents and others. The road structure and layout was not designed for significant heavy vehicle use.

2.4 The submission by Rod Pik (174) to the Annual Budget 2022-23, Session 5 on the 12th May 2022 included the following points:

- Vogel street is too dangerous to cross or cycle on

- There were no plans to improve the safety of the streets

- There has been a sudden increase of traffic, including trucks, over the last five years with only one pedestrian crossing on the whole street.

- The street is narrow and often there are parked cars on both sides of the street, which leaves no room for cyclists.

- Concerned about where the new Freight Hub is going, which will increase heavy traffic even more.

- Vogel Street urgently requires road markings that slow traffic, limited carparking, bypass route for trucks, controlled intersections, safe places for pedestrians to cross and cycle lanes.

In support of his submission and comments Mr Pik submitted a petition signed by 568 people to encourage Council to make Vogel Street safer.

2.5 Since 2016 there have been 51 recorded crashes on Vogel Street, two of which (vehicle on vehicle) resulted in serious injuries. Of the recorded crashes, two of the remaining 49 involved a pedestrian and a vehicle, the remainder were vehicle on vehicle crashes.

3. CURRENT ROAD USE AND DESIGNATION

3.1 As part of the Waka Kotahi One Network Framework (ONF) movement/place classification process, Vogel St has its current state categorised as an Urban Connector across most of it with the small section near the shops classed as an Activity street. This reflects the current high vehicle movement function of the street rather than any intended strategic purpose.

3.2 The Network Operating Plan (NOP) is a Waka Kotahi-developed national framework to objectively identify priority routes for different modes of transport while giving effect to a city’s strategic context. It is a technical process that aligns transport engineering with land-use planning to inform future transport investment.

3.3 Palmerston North’s 2022 NOP has been developed and is to be brought to committee within the 2022 calendar year. This is an update to the 2019 version which took a less forward-looking and structured approach. In the 2019 version Vogel Street was prioritised for Light Vehicle movement based on current usage.

3.4 The Palmerton North NOP 2022 does not indicate priority on Vogel Street for any mode over the short, medium or long term, which is dependent on the ongoing implementation of the Palmerston North Integrated Transport Initiative (PNITI) to cater for increased development in the North-East Industrial Zone (NEIZ) and the KiwiRail Freight Hub.

3.5 As the NOP does not prioritise Vogel Street for the movement of any particular mode, council has the ability to shift its function (i.e. detune, slower speeds, install raised pedestrian crossings, increased walking and cycling facilities) without undermining wider strategic transport priorities or commitments.

3.6 The Palmerston North Urban Cycle Network Master Plan outlines a long term vision for Vogel Street to feature a range of cycle facilities, with different types of facilities recommended – ranging from quiet street (traffic calming) to cycle lanes and separated cycle lanes – depending on the traffic volumes present.

3.7 The strategic use of Vogel Street has to date been to facilitate general traffic on the network and facilitate access to the surrounding residential area. The lack of an explicitly obvious roading hierarchy along Vogel Street – and across the urban network – has led to the road increasingly being used by heavy vehicles. However, Vogel Street is not a designated freight route, nor is it planned to be.

4. Problem Definition

4.1 Officers have assessed the streetscape and the available use data, to define the problem that the Safety Investigation Plan should respond to. The key issue is that Vogel Street has competing modes of travel on a street that is not designed to cater for them all. The strategic future intent for Vogel Street is currently not explicitly defined which means that decision-making around road safety or other transport issues does not enable the prioritisation of a single mode.

Competing modes of travel

4.1.1 Vogel Street is a busy residential street with residents using a variety of travel modes including buses, walking cycling and cars. It has destinations on the street including schools, a shopping centre and community amenities, which are also accessed by a variety of transport modes. Whilst the school and shops are served by a pedestrian crossing, there are no other crossings near other amenities at present for pedestrian access.

4.1.2 The road comprises two traffic lanes and two parking lanes within the carriageway. There are no parking restrictions on the road, residents and others park on the road to access homes, amenities and facilities, and possibly employment in local businesses.

4.1.3 Vogel Street has high traffic volumes of up to 12,000 vehicles per day and is especially bad at peak times around the start and end of school and working days. It is used by trucks as an alternate route to Feilding, as well as to access the Keith Street industrial area in both directions and to cut from SH3 through to Tremaine and vice versa. This is around 860 trucks per day and increasing over time – Mr Pik notes that the number of heavy vehicles has increased significantly over the past 5 years.

4.1.4 There is no data on how many cyclists use Vogel Street. The street forms part of the Te Araroa national trail, and is highlighted in the Palmy City Pathways Guide as part of the City Loop link along part of its length, therefore officers anticipate that with more safe cycling provision, usage would increase. Vogel Street is a proposed urban neighbourhood Greenway in the Cycle Masterplan.

4.2 The variety of modes of transport along Vogel Street as well its use for car parking creates safety conflicts. Rod Pik’s submission stated, “The street is narrow and often there are parked cars on both sides of the street, which leaves no room for cyclists”. The lack of road space and the lack of crossings mean there is not enough safe space for the vulnerable road users.

4.3 There is a lack of data on some modes eg number of cyclists using the road at present. There is also no data on traffic speeds, although it is noted that there is no current infrastructure to limit speeds on the road, and a relatively long stretch of road between junctions (2.1km from Napier Street to Tremaine Ave). There is no data on parking use on the road, and no parking restrictions at present.

4.4 As a residential street, there are also engineering limitations to what can be done to resolve safety issues because of an overall lack of safe road space for all modes, specifically the width of Vogel Street being approximately 10m-11m wide. This is enough to provide for two parking lanes and two traffic lanes. Based on the available space, further facilities (cycle lanes, refuges, right turn bays) can only be incorporated by either reallocating road space or adjusting kerb and channels (affecting street trees and lighting and vehicle accesses) so being able to cater to every mode of travel is unlikely to be a viable option.

Future anticipated changes

4.5 Currently, bus stop changes are planned for the road, as part of the regional public transport changes being led by Horizons Regional Council. These changes could change the required locations for pedestrian crossings to enable access to public transport.

4.6 The strategic future intent for Vogel Street is not defined clearly in the medium term. Whilst this is an advantage in terms of flexible decision-making, the issues arising from the variety of modes and the lack of safe road space could be exacerbated in the future. Other road changes such as the construction of the Kiwirail hub over several years may impact further upon short term demand for road space.

4.7 Investigation is required into confirming a broad context for Vogel Street, its role in the roading network, the cycling and public transport networks, and how they interface with anticipated changes arising from development and growth around the city. This will enable more focussed safety decision-making.

4.8 The implementation of PNITI is expected to significantly change traffic movements around Palmerston North in the longer term, although some initiatives from the programme may be implemented early, subject to funding.

5. Planned work

Pedestrian Crossing Upgrade at Shops

5.1 The intersection of Kipling Street was identified as a road safety issue under the Waka Kotahi Road to Zero programme which locked in and co-funded a programme of projects over the 3-year LTP period, to focus on road safety. To improve safety, this pedestrian crossing is planned to be upgraded to a raised crossing to reduce vehicle speeds and improve pedestrian safety.

5.2 A concept plan for a raised crossing has been developed and Officers have engaged with nearby businesses and residents in early August. This involved hand delivered letter drops to businesses and mailed letters to nearby residents. Feedback has been mostly positive, with few concerns raised.

5.3 Following the feedback from the engagement, a detailed design is being completed. It is anticipated the construction of the crossing upgrade will be undertaken in October 2022.

5.4 There are no other planned or budgeted physical works on Vogel Street within the current 10 Year Plan, which has led to the resolution to develop this paper. However, discussions are underway with Waka Kotahi regarding planning and implementation of PNITI, and preparing business cases for earlier funding.

5.5 Council has requested that officers consider strategic tools to manage heavy truck vehicle movements – the outcomes of this review will be reported to Council in the new year. Any implementation on Vogel Street would be in response to a strategic direction.

6. developing solutions

6.1 As noted above, there are a variety of issues to resolve – a lack of pedestrian crossings to access amenities and facilities safely, no safe space for cyclists (and a constrained road layout), with the underlying problem of very high traffic volumes including high numbers of truck movements.

6.2 There are a number of broad options that can be implemented, over short timeframes, which ideally would align with the strategic intent for the road. Vogel Street has already had some consideration of its current strategic position within the wider roading network. An aspirational future state will need to be confirmed if decision making is to be tailored towards the desired outcome. For example, if it is decided that the street be more of a residential street than a connector between major roads then we might prioritise installing more raised pedestrian crossings to improve pedestrian safety and consequently make it less appealing for vehicular traffic who might make a different choice of route next time, due to the ensuing congestion.

6.3 In terms of implementation, increasing the number of crossings and implementing speed controls could be implemented relatively quickly. Parking restrictions could be implemented, to improve sight lines, after engagement with affected residents and businesses.

6.4 However, some options would require more strategic investment decisions, for example changing how we use the full carriageway width including footpaths, to allow room for cycle lanes, or strategic road network decisions allowing changes to traffic types and volumes.

6.5 There are also elements of data capture and analysis that could be undertaken to help clarify the issues to be resolved. In particular, the traffic volume issues will not be able to be altered significantly without a current traffic model to consider impacts across all traffic routes.

6.6 Officers have therefore developed some examples of solutions which could be implemented, and pulled into an overall plan of works for Vogel Street, as a variety of programme options and budgets for Councillors to consider.

6.7 As we are currently mid-LTP and Annual Budget there is currently no funding for physical delivery of additional safety treatments.

7. Implementation options

7.1 To implement the difference between current and desired future state Officers have begun to assess some of the available mitigation options. Once the strategic direction for Vogel Street is determined, several combinations of these treatments could be considered.

7.2 These combinations will be further investigated and reported back to Council for a decision on which one to proceed with and will include funding and timing implications. The date of the paper will be confirmed once the new committee structure is confirmed however it is expected to be early in the second quarter of the 2023 calendar year.

7.3 The following section provides an indication/explanation of the potential pedestrian and cycling mitigation options being considered that will be combined and presented in the future paper. Included are some photos as examples of the options described.

7.4 Pedestrian Improvement options

7.4.1 The key consideration for pedestrian improvements on Vogel Street is the type of treatment and the location of street facilities. All of the following treatment options will provide safe spaces for pedestrians to cross the road to varying levels of safety with the trade-off being the corresponding traffic flow changes e.g. raised pedestrian crossings slow the traffic and could create congestion if vehicle behaviour / route choices do not change, and could generate truck noise from brake use and acceleration, as well as load landing noise.

The options for pedestrian improvement locations is explained in 7.4.2, while the types of improvements are explained in section 7.4.3 to 7.4.5

7.4.2 Pedestrian Improvement Locations

For the location of pedestrian improvements, there are two conceptual approaches. One approach would be to install pedestrian improvements only at key locations to facilitate access to other key pedestrian routes and/or amenities/ facilities. This approach aims to minimise the number of treatments along the street, whilst enabling reasonable pedestrian access across the wider network and minimising the impact to other street assets (trees, parking, services etc). For Vogel Street the key locations are between Rata Street/Tweed Street, between Featherston Street/Hayden Street, near Rangiora Avenue and near Bristol Crescent. Each of these locations are spaced roughly 300-400m apart as indicated in figure 1.

Figure 1. Approach 1 - Pedestrian Improvements at Key Locations

The second approach would be to consider pedestrian improvements at frequent intervals of, for example, 200m throughout the street. In this approach, pedestrians would have more frequent opportunities to cross the road. It will also have a greater influence on reducing the speed of the road, which would increase congestion and truck noise. This approach is higher cost and will have an impact on other transport routes for congestion and potentially road deterioration.

Figure 2. Approach 2 - Pedestrian Improvements Space 200m apart

In general, the location of crossings will be dependent upon nearby constraints, which may include existing services, intersections and/or street trees. In situation where there is a conflict, the service or street tree may need to be removed/relocated or the crossing location reconsidered/adjusted.

7.4.3 Pedestrian Refuges

Pedestrian refuges offer a haven which allows a small number of pedestrians to cross one lane at a time and reduces their crossing distance. Mid-block refuges have typically been used where pedestrian volumes are low.

The disadvantage of refuges is they do not give pedestrian priority over traffic and thus it requires users to cross during a suitable gap. Another disadvantage is that it will take up space from the carriage way, which can constrain/prevent other uses if the carriageway is not wide enough for example parking/cycle lanes. Additionally, refuges cannot be used in conjunction with right turn bays for traffic. This limits their ability to improve the situation for vulnerable users but for light vehicles and trucks it is the least impactful of the pedestrian options.

Whilst this is a potential option in the suite of options, the traffic volumes on Vogel Street and the number of vehicles per minute is likely to make this option unsuitable for Vogel Street.

Based on recent prices, one treatment is estimated to be approximately $50,000. By providing refuges at key locations (approach one) the cost is estimated to be $200,000. By providing refuges 200m apart (approach 2), the cost is estimated to be $350,000.

7.4.4 Raised Pedestrian Crossings

Raised pedestrian zebra crossings can be installed to give priority to pedestrians and to physically reduce traffic speeds. Raised crossings are a standard safety intervention by Waka Kotahi and are more likely to be co-funded under their Road to Zero programme. We note that standard practice for zebra crossings is to now install them with supporting treatments such as platforms to reduce vehicles speeds as zebras on their own typically can make crossing the road less safe.

Typical location of where pedestrian (zebra) crossings have been installed previously has been in association with other land uses where there has been a higher demand for pedestrian movements such neighbourhood shops or schools.

The disadvantage of raised platforms is that they can generate noise, particularly by heavy vehicles, which may generate complaints by residents/businesses living nearby.

Based on recent crossings, one treatment is estimated to be approximately $60,000 per location. By providing raised crossings at key locations (approach one) the cost is estimated to be $240,000. By providing raised 200m apart (approach two), the cost is estimated to be $420,000.

7.4.5 Signalised Crossing

A signalised crossing would provide on-demand crossing facilities for pedestrians whilst minimising the impact to traffic. Typically, signalised crossings have been associated with high traffic volumes roads and/or roads with more than 2 lanes. Existing crossings in the city include Rangitikei Street outside Queen Elizabeth College, Fitzherbert Avenue near Palmerston North Girls High School and Ruahine Street outside the Hospital.

A high level cost estimate for signals would be $200,000 per location. By providing signalised crossings at key locations (approach one) the cost is estimated to be $800,000. By providing signalised crossings 200m apart, the cost is estimated to be $1,400,000.

7.5 Cycling Improvements

Based on the Waka Kotahi, cycling network guidance, the most appropriate safety provision for cyclists on Vogel Street would be separated cycle lanes due to the high volume and operating speed of the road. Several variations on how this can be achieved could be further investigated to determine a suitable option, in conjunction with development of a strategic direction or intent, and alignment with priorities in the cycle network masterplan.

7.5.1 Reallocating existing road space

With the carriageway ranging from 10-11m, cycling on road can only be accommodated by reallocating road space. For example, parking on both sides could be converted to cycle lanes and measures implemented which require buses to stop in the live traffic lane when picking up and dropping off passengers.

This type of separator needs careful design consideration. Not only does it need to separate traffic from the cycle lane, but would need to ensure the operation of other services are factored in such as the continual operation of waste collection services, street sweeping and drain unblocking, and use of existing or planned bus stops. Design constraints may mean that part of the footpath is also required, or that the cycle lane width is less than the recommended guidelines. This would provide a safe space for vulnerable cyclists however would have negative impacts on traffic flows, services and parking. However, this option presents some safety risks associated with turning traffic into driveways and intersections, which needs further investigation.

A high level estimate of a separate cycling space is considered to be in the order of $2,000,000 - $3,000,000 depending on the level of service provided.

An alternative consideration could be to have a two-way separated cycle way on one side of the road. The advantage of this is it could utilise less space, alleviating the issues identified above and reduce costs. This option also presents safety risks associated with turning traffic into driveways and intersections, which needs further investigation.

A high level estimate of a two way separate cycle way is considered to be in the order of $1,000,000 - $1,500,000 depending on the level of service provided.

7.5.2 Altering road kerbs

Altering kerb and channel position within the street width could be undertaken to widen the road to accommodate separated cycle lanes (and parking if desired). The movement of kerbs will reduce the width of the berm and would affect existing vehicle crossings, street trees and some services. This option would create safe space for cyclists and continue to provide safe space for pedestrians while retaining some parking; however is the most disruptive to the amenity value of the street i.e. trees and grass berms.

A high level estimate of separated cycleways involving altered berm widths is considered to be in the order of $7,000,000 - $10,000,000.

7.5.3 Upgrade footpath to a shared path

Upgrade/widening the footpath to a shared path would require the alteration of vehicle crossings and removal of street trees. It does provide a safer space for vulnerable cyclists but increases the conflicts between pedestrians and cyclists, and may create higher risk associated with vehicles entering/exiting from driveways particularly where there are tall boundary fences.

A high level estimate of upgrading the footpath to a shared path is likely to be in the order of $3,000,000 - $5,000,000 depending on the level of service provided.

7.6 Right turn bays and painted medians

Whilst the public submission did not raise the issue of right hand turns within Vogel Street, the safety assessment undertaken has indicated that the current street layout does not accommodate right hand turns, and may exacerbate congestion. The use of right turn bays and painted medians provides a dedicated area for vehicles to wait and turn right from into the side road, while straight through traffic can continue moving without being held up by right turning vehicles. This treatment is typically used on high speed roads to reduce the likelihood of rear end vehicle on vehicle crashes as well as reducing congestion.

Introducing right turn bays and medians would utilise space in the carriageway that may impede implementation of pedestrian safety improvements and cycling improvements on Vogel Street. As such right turn bays are not recommended on Vogel Street.

The cost of implementing a right turn bay is estimated to be $15,000 each

8. Funding - NZTA Low Cost Low Risk Subsidy

Except for the raised crossing outside the shops, Waka Kotahi has not committed to any other infrastructure improvements on Vogel Street. There is an opportunity to negotiate a change to the approved and specified programmes 279 Minor Transport Improvements or 2119 Road to Zero with Waka Kotahi if officers can justify new Vogel St projects ranking higher against the approved ones. Alternatively, a project can be considered in the next round of Waka Kotahi’s 25-28 low cost low risk programme.

Projects within the low-cost low-risk programme are currently limited to $2,000,000 should they be approved by Waka Kotahi. Any project exceeding this is likely to require a business case or similar process to acquire co-funding.

Both of these funding considerations would be considered in the development of options.

9. proposed way forward

9.1 A range of technical options have been identified to address various safety issues on Vogel Street. Officers propose to develop a range of option combinations, with timeframes over the short, medium and long term, to bring before Council for discussion.

9.2 Following this, officers propose an engagement process including, but not limited to, discussions with Elected Members, Rangitāne, residents, schools, local churches, haulage companies and other heavy vehicle industry and local businesses, to discuss issues experienced on the road and options to resolve them, and the likely timeframes. This will feed into considerations of the future state, and help ensure the options considered to bridge the gap between current state and future will be suitable. A plan for implementation will then be brought back to Council with further recommendations.

9.3 With delivery options expected to be determined during 22/23, construction of solutions would be expected to be from 23/24 onwards. The decision would either need to be added into 23/24 as part of the Annual Budget process or to go forward with a funding application to Waka Kotahi to seek co-funding to be spent in 24/25 onwards and/or included in the next LTP.

9.4 Officers will therefore concurrently engage with Waka Kotahi regarding funding for a suite of improvements, and to ensure data collection and analysis measures will be suitable for business case development as necessary. This will include further development of the PNITI work plan and time frame.

9.5 Work is already underway to procure a transport model for the city, which will inform longer term decision making regarding the strategic intent of Vogel Street.

9.6 Officers will continue with the originally planned physical works, whist further work is underway for other solutions.

10. Next Steps

10.1 The pedestrian crossing upgrade at the shops on Vogel will be constructed.

10.2 Further investigation and engagement work will be undertaken over the next several months to determine Vogel Streets’ options for its strategic direction and a combination of possible treatment options to action the strategies.

10.3 Officers will report back to Council or a suitable committee, to identify options, and again once they have been discussed with affected communities.

11. Compliance and administration

Does Council have delegated authority to decide?		Yes
Are the decisions significant?		No
If they are significant do they affect land or a body of water?		No
Can this decision only be made through a 10 Year Plan?		No
Does this decision require consultation through the Special Consultative procedure?		No
Is there funding in the current Annual Plan for these actions?		N/A
Are the recommendations inconsistent with any of Council’s policies or plans?		No
The recommendations contribute to Goal 1: An Innovative and Growing City
The recommendations contribute to the achievement of action/actions in TransporT The action is: Prioritise active transport programmes that deliver on Council goals, the purpose of this plan, and the Government Policy Statement on Transport
Contribution to strategic direction and to social, economic, environmental and cultural well-being	A functional Vogel street will enable the community to have safe and appropriate journeys through the city. It will encourage multimodal travel and subsequent emission offsets and safety improvements.

Attachments

Nil

Grant Smith (Mayor)
Aleisha Rutherford (Deputy Mayor)
Brent Barrett	Patrick Handcock ONZM
Susan Baty	Leonie Hapeta
Rachel Bowen	Lorna Johnson
Zulfiqar Butt	Billy Meehan
Vaughan Dennison	Orphée Mickalad
Renee Dingwall	Karen Naylor
Lew Findlay QSM	Bruno Petrenas

Estimated Report Date	Subject	Officer Responsible	Date of Instruction & Clause number
May 2023	Opportunity to establish a natural burial cemetery in the Manawatū - Progress report	Chief Infrastructure Officer	Council 1 June 2022 Clause 60-22
June 2023	Remits received from other Territorial Authorities	Assistant Chief Executive	Council 24 June 2020 Clause 67-20

1.	Statement of Expectation - Te Manawa Museums Trust 2022-23 ⇩
2.	Statement of Expectation - Regent Theatre 2022-23 ⇩
3.	Statement of Expectation - Globe Theatre 2022-23 ⇩

1.	Covering letter from Chairperson_September 2022 ⇩
2.	Chairperson's Report 2022 ⇩
3.	Financial Statements for the year ended 30 June 2022 ⇩