2013-05-28-council-agenda - Taupo District Council

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[Proposed Environment Court Practice Direction], [28 May 2013] 1^2. Page3 Councils are reluctant to give officers power to commit the Council to Plan changes that it does not get to see. Indeed, it is arguable that sections 34 and 34A of the RMA do not allow the Council to delegate that power. Section 34A says that the Council can only delegate the power to make is final decisions to approve a Plan to a Committee of Council. A Council might not want to even delegate that far. There is a counter-argument that section 34A is only intended to operate for the final formal signoff but the issue remains whether the Council would want to allow any representatives to finalise is Plan without referral back. If the proposal comes into effect, the Council could be obliged to appoint a sub-committee with full authority to settle and send that committee to the mediation. Of course officers and expert witnesses would also attend to advise the Committee. This imposes a large resource burden on the Council. By way of example, in respect of the appeals against Plan changes 28 to 33 there are likely to be at least three separate mediations. The proposed requirement is unreasonable. While other parties will be involved in Court appeals only occasionally, Councils are in front of the Court on every occasion. The Court and Councils should work in partnership to make the process run smoothly. The mediation process should be made to work for both the Court and Councils. It is also arguable that the proposal steps across the line between the Court's powers and the Council's powers to make policy (the District Plan). OfHcers propose that the Council file a submission opposing the changes - at least for Plan appeals. A copy of a draft submission will be given to Councillors in advance of the meeting. DESIRED OUTCOME That the Council prepares a submission to oppose the proposed changes to the extent that it effects District Plan appeals. CONSIDERATIONS . Financial Considerations The conduct of Environment Court appeals is likely to become more expensive under the proposed changes. Legal Considerations The proposed changes would be likely to mean that fewer Environment Court appeals can be settled at mediation. . Policy Implications The proposal potentially cuts across the powers of the Council to make policy (the District Plan is a Council policy document). . Risks OPTIONS If the Council does not make a submission the risks summarised under Financial, Legal and Policy Considerations are likely to occur. If the Council does make a submission it may not be accepted. Analysis of Options Option 1. Not make a submission Advantages No further work required. Disadvantages Council will need to send fully authorised representatives to mediation.
1^3 [Proposed Environment Court Practice Direction], [28 May 2013] Page 4 Option 2. The representative may need to be a Council Committee. Make a submission Advantages Preparation and finalisation of a submission Submission may have no effect. Disadvantages Submission may be successful. Discussion of Options It is recommended that option 2 is the appropriate choice. CONSULTATION No consultation required COMMUNICATION/MEDIA No communication issues at this stage. CONCLUSION It is recommended that the following resolution be adopted. SUGGESTED RESOLUTION That the Council authorises the Corporate Solicitor and the Policy Manager to file a submission with the Environment Court opposing the proposed Practice Direction. Report Prepared by: Report Reviewed by: G^ Rob Goldsbury Corporate Solicitor Brian Fox Strategic Manager: Community, Risk, Relations & Support ATTACHMENTS Consultation Draft: Practice Direction: Mediations from Judge LJ Newhook, Acting Principal Environment Court Judge
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GREAT LAKE TAUPO Taupo District Cou
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TDC Agenda 28 May 2013 Apologies Co
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ITEM NO TO: FROM: COUNCIL Democracy
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'/^ Taupo District Council Minutes:
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,4 Taupo District Council Minutes:
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1/6 Taupo District Council Minutes:
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1/2 Taupo District Council Minutes:
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'/ 10 Taupo District Council Minute
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ITEM NO^ TO: COUNCIL FROM: Democrac
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Southern Settlements Structure Plan
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Southern Settlements Structure h'ia
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TAUPO DISTRICT COUNCIL ^0 TAUPO AIR
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Taupo Airport Authority Committee:
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ITEM NO:A TO: FROM: SUBJECT: SIGNIF
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[ANIMAL CONTROL AND ENVIRONMENTAL H
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5(3 Attachment A How to read these
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ITEM NO: TO: COUNCIL FROM: Land Inf
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[Proposed New Street Names], [28 Ma
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CREATLAKETAUPO \^' // TiifitENltiit
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GREAT LAKE TAUPO Sull^ Tat^SDirtric
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[Lake Terrace Traffic Calming], [28
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[Lake Terrace Traffic Calming], [28
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SCkmttaisn: 2.7m tlsl*xi.Bm ttMe nw
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fTaupO Hospice Trust Lease], [28 Ma
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fTaupO Hospice Trust Lease], [28 Ma
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PROPERTf INFORMATION Lowdton 250 Sp
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ITEM NO: 1 TO: COUNCIL FROM: SUBJEC
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[New Licence for sale of Ice cream]
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[Bike TaupO Lease, Kinloch Domain],
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ITEM NO: LL TO: COUNCIL FROM: SUBJE
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Exchange of Reserve Land, 28 May 20
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/^/ .^ s /fT,i Is i !(i / / \ !. ii
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l^ll GREAT LAKE TAUPO Taupo Distric
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IZ)3 . Work is underway with wideni
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1^1^ INCOME STATEMENT for the 10 mo
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1^1- Variances greater than +,-10%
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Activity/Scheme Project CAPITAL EXP
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Activlty/Scheme Other Capital Spend
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Taupo District Council Treasury Man
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3//5- 2. TEL INVESTMENT PORTFOLIO i
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)71ft
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Council Project Performance Report
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Project Investigate options for con
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AC Baths Refurbishment - Stage 1 Sc
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Turangi Town Centre Revitalisation
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Waitahanui Water Treatment Plant Up
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Page 105 and 106: 1^ GREAT LAKE TAUPO Taupo District
Page 107 and 108: ,2/37- Executive Summary This repor
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Page 121 and 122: 1^1 Lakes, Rivers and Mountains Lak
Page 123 and 124: ,2/^3 Community Facilities Our Dist
Page 125 and 126: IZf^ What we want to know Measure T
Page 127 and 128: Response to service requests for lo
Page 129 and 130: 2-f^ Stormwater What we do Council
Page 131 and 132: IZ^I Long term planning What we wan
Page 133 and 134: ,2/^3 Growth and Economic Developme
Page 135 and 136: 2/^ List of Acronyms and Abbreviati
Page 137 and 138: [Making Plan Changes 24, 25 and 32
Page 139 and 140: ITEM NO: /^ TO: FROM: SUBJECT: SIGN
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Page 143 and 144: [Proposal by 'A Better Hawkes Bay']
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Page 147 and 148: 5^ 03 May 2013 Mr Donald Rlezebos C
Page 149: proposed Environment Court Practice
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Page 157 and 158: TO: COUNCIL ITEM NŌ.18 FROM: SUBJE
Page 159: RESOLUTION TO EXCLUDE THE PUBLIC mo
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2013-05-28-council-agenda - Taupo District Council

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