Section 3: Council Activities

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Regulatory Services

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Responsibility

Simon Pickford (Manager Customer and Regulatory Services)
Ralph Broad (Manager Consents)
Colin Comber (Manager Environmental Strategy and Policy)

Description of service

Regulatory Services consists of the following sub-activities: Land use and subdivision consents and monitoring, District Plan administration, building control, environmental health, animal control, parking, liquor and food licensing and control, and bylaw enforcement.

Regulatory Services is responsible for:

Policy

Reviewing, monitoring and developing the District Plan and other associated strategies and policies. This is carried out by the Environmental Strategy and Policy Team.

Consents

Implementing the District Plan and legislation to ensure a safe, sustainable living environment.
Processing of building consents, resource consents (land use and subdivision).

Compliance

Ensuring legislative compliance and public safety.
Processing of liquor licenses and food licenses.
This involves working with customers to improve processes and ensure compliance, and monitoring of processes, licenses, permits and consents. It also includes enforcing parking, noise control and animal control bylaws, and legislative provisions.

Scale of service

The following indicates the current demand for services in relation to consents and compliance.

115,938 regulatory customer contacts per annum.
250 land use consents per annum.
250 subdivision consents per annum.
3,000 building consents per annum.
10,500 building inspections per annum.
225 permanent liquor licenses.
240 special liquor licenses per annum.
360 food premises licenses.
160 general health licenses.
1,000 bylaw service requests.
9,700 registered dogs.
1,180 on-street car parks.
Administration of the Heritage Protection Fund.

The following indicates the demand for policy-related services.

The District Plan became operative in August 2005. Subsequently, 25 plan changes have been processed, including two private plan changes.
The Environmental Strategy and Policy Team continue to work on the rolling review of the District Plan.
The Coastal Strategy was completed in 2006, followed by the Oakura and Urenui Structure Plans. The Final Framework for Growth completed in March 2008 is now being implemented through the progressive rezoning of urban expansion areas.

Rationale for activity

Regulatory Services makes a significant contribution to community well-being because it forms, implements and enforces legislation and policy for situations where the activities of organisations and individuals come into conflict with the rights of others. Regulatory Services makes up 55.47 per cent of all customer contacts at the Civic Centre front counter.

New Plymouth District’s living environment is its key strategic asset in terms of retaining existing and attracting new residents. Balance between development and the existing qualities of the natural and built environment needs to be achieved so that this lifestyle can be safeguarded and improved.

Effective enforcement, regulation and implementation of legislation provides for this variety of lifestyles in a safe, pleasant and pollution-free environment.

The Council has legal obligations to administer the following Acts:

Building Act 2004.
Council’s bylaws.
Dog Control Act 1996.
Fencing of Swimming Pools Act 1987.
Food Hygiene Regulations 1974.
Health Act 1956.
Impounding Act 1955.
Litter Act 1979.
Sale of Liquor Act 1989.
The Resource Management Act 1991.
Transport Act 1962.

The District Plan is required under the Resource Management Act 1991. It sets out Council objectives, policies and rules to manage the effects of development and other human activity on the natural and built environment.

Recent amendments to the Resource Management Act 1991 have gone through Parliament and are reflected in the processes and procedures used by Regulatory Services.

Contribution to Community Outcomes

Regulatory Services contributes to a number of Community Outcomes. It primarily contributes to the Secure and Healthy and Sustainable Community Outcomes.

Secure and Healthy

A district that provides a safe, healthy and friendly place to live, work or visit.

S&H2 The environmental, physical and mental health of the people of Taranaki is maintained, enhanced, promoted and protected.

S&H5 Residents and visitors of all ages feel safe and crime is reduced.

S&H6 A sustainable management approach is taken to hazards and risks across the areas of reduction, readiness, response and recovery.

Regulatory Services makes this contribution by:

Maintaining, enhancing, promoting and protecting community health, and minimising safety hazards and nuisances by:
Administration of the Health Act 1956 via food premise/hairdressing premise inspections.
Ensuring that liquor licensees promote safety by enforcement of licence conditions and education of licensees.
Enforcing swimming pool fencing legislation.
Administration and enforcement of bylaws.
Administering the Building Act 2004 to ensure buildings are safe and sanitary.
Contributing to a safe, crime-free environment through the enforcement of bylaws.
Hazard identification through the development of a hazards register and notification through the consents process.
Promoting a safe living environment through developing, administering and enforcing the District Plan and the control of hazardous activity.

Sustainable

A district that appreciates its natural environment and its physical and human resources in planning, delivery and protection.

SU1 There is sustainable use, development and protection of resources.

SU2 Taranaki’s land and soil, water, air and coast, its biodiversity and its natural features and landscapes are understood, valued, maintained and enhanced for future generations.

SU3 Animal and plant pest and biosecurity risks in the region are appropriately managed.

SU4 Taranaki’s heritage is identified, recognised and protected.

SU5 Built environments and amenities are of a high standard and contribute significantly to the well-being of people and communities.

SU6 People are valued and their contribution to the economic, cultural, environmental and social well-being of the region is recognised and supported.

SU7 Sustainable development is encouraged.

SU8 Kaitiakitanga (the protection and management of the environment) is understood and valued.

Regulatory Services makes this contribution by:

Administering the provisions of the Resource Management Act 1991, providing incentives, educating and enforcing rules that ensure that the activities of some do not unreasonably affect the quality of life enjoyed by others in the present and foreseeable future.
Reviewing, monitoring, developing and implementing the District Plan provisions in order to ensure that the adverse affects of activities on the environment are avoided, remedied or mitigated.
Implementing District Plan provisions to ensure that the adverse effects of development are avoided, remedied or mitigated.
Recognising, identifying and preserving the district’s heritage and natural character through enforcing the District Plan. This requires considerable community consultation and working with iwi and hapu to preserve culturally significant areas. It is partially achieved through providing funding for preservation of significant heritage items via the Heritage Protection Fund.

Ensuring that activities in the built environment meet legal requirements and contribute to community well-being through ensuring safety, the rights of future residents and reducing risk from faulty building and development practices.
Collecting information to allow monitoring of policy effectiveness and service planning.

Regulatory Services also makes significant contributions to the Connected, Prosperous, Skilled and Together Community Outcomes.

Negative impacts on community well-being

District Plan reviews and plan changes, along with consent and enforcement decisions, need to be balanced with the rights of individuals and with the rights of the wider community now and in the future. Often, the decisions made will need to be fair and equitable in order to balance the wishes of the parties involved. Therefore the well-being of some people will be affected in order to protect the well-being of others. The Council tries to minimise this by informing the community on the purpose of regulation.

Facing the challenges – assumptions and risks

Assumptions

As the economy recovers in year 2011/12 there is likely to be a very gradual increase in the level of development. There are indications that the mix of commercial development and residential development will reflect a move towards larger and more complex commercial development applications being undertaken. Levels of service will not be affected by these changes.

Demand for services such as environmental health, parking and animal control are largely linked to the district’s population. As there will be a gradual increase in population, demand for these services is anticipated to grow and current levels of service are appropriate.

It is assumed that the number of metered car parking spaces in the New Plymouth CBD will be increased which will have the benefit of improving the turnover of high-demand spaces.

Risks

The cost of providing the service escalates over and above the amount the Council recovers from its fees and charges.
Increased regulation requirements from central government with no associated funding to implement until fees or charges can be introduced or increased.
The incidence of non-compliance, number and scale of consents is influenced by the level of economic activity.
The level of consenting activity affects demand on other council areas and services.
Demand for environmental health services (liquor licenses, food premise registration etc) are based on population change and economic factors.
Inability or avoidance of paying for services provided or fines imposed.
The cost implications arising from the need to maintain an appropriate level of technical expertise in times of low activity so that statutory expectations are achievable at all times.

Managing risks

Fees and charges are reviewed annually and take into account the economic environment and affordability issues.
Participate in local government forums to keep abreast of proposed legislative changes to enable any potential shortfalls in funding to be managed accordingly.
Monitor non-compliance trends and target problem areas using enforcement tools, media and education as appropriate to improve the degree of compliance.
Continually monitor changes in key legislation to ensure that the Council are able to cater for changes to legislation. This includes staff training, updating systems and processes and informing the customers of significant changes.
Develop processes, procedures and monitoring systems to forecast and monitor impact of legislation changes and customer demand on service delivery.
Maintain flexible staffing responsibilities and structures supplemented with external contractors where appropriate so as to be able to respond more efficiently to variations in service demand.
Maintain robust cost recovery systems for services provided and enforcement related costs and provide customers with convenient payment options.

Levels of service and performance measures

The following levels of service and performance measures outline the objectives we will set and how we will measure our progress.

Service objective	Related Community Outcome(s)	Performance measures	Performance targets
Service objective	Related Community Outcome(s)	Performance measures	2010/11	2011/12
Ensure customers are satisfied with access to information on Regulatory Services.	Sustainable 6	Customers accessing information on regulatory processes are satisfied with the service provided (in-house survey).	80%	80%
Ensure compliance with bylaw notice proceedings.	Secure and Healthy 5	Compliance with notice proceedings.	100%	100%
Ensure compliance with District Plan rules and any subsequent conditions relating to waahi tapu.	Sustainable 7 & 8 Prosperous 5	Number of upheld complaints regarding non compliance with District Plan provisions for waahi tapu sites.	Nil	Nil
Effective processing of consents within statutory timeframes.	Sustainable 1 & 2	Percentage of all non-notified land use and subdivision consents are processed within statutory timeframe.	100%	100%
	Sustainable 1 & 2	Notification decisions for land use and subdivision applications are notified to the applicant within statutory timeframe.	100%	100%
Ensure compliance with District Plan rules relating to hapũ and iwi notification of consent procedures relating to statutory recognition areas.	Together 3 & 4 Sustainable 4 Vibrant 5	Hapũ and iwi are notified of all resource consent applications in statutory recognition areas within 10 days of acceptance of the application.	100%	100%
	Together 3 & 4 Sustainable 4 Vibrant 5	Number of upheld complaints regarding non compliance with the Memorandum of Understanding.	Nil	Nil
Ensure that all animal control processes contribute to a quality living environment.	Secure and Healthy 3 Sustainable 3	Percentage of known dogs registered.	100%	100%
	Secure and Healthy 3 Sustainable 3	Percentage of residents satisfied with animal control compared with other “peer” local authorities (NRB survey).	Exceeds percentage peer group average (including ‘don’t know’ responses)	Exceeds percentage peer group average (including ‘don’t know’ responses)
Ensure dog owners are successfully reunited with their dogs.	Secure and Healthy 2	Percentage of impounded dogs successfully reunited with owner or new homes found.	65%	65%
The health and safety of the public is protected by ensuring food premises meet required standards.	Secure and Healthy 2 & 8 Skilled 6	Percentage of food premises that meet required standards (not requiring closure).	98%	98%
	Secure and Healthy 2 & 8 Skilled 6	Percentage of premises inspected with no formal remedial steps required.	75%	75%
Ensure liquor licenses comply with statutory and license provisions.	Secure and Healthy 2	Percentage of liquor licenses that comply with statutory and license provisions on first inspections.	85%	85%
Ensure bylaw service requests are commenced in a timely manner.	Secure and Healthy 5	Percentage of bylaw service request investigations actioned within five working days.	95%	95%
Ensure noise complaints are dealt with effectively and efficiently.	Secure and Healthy 2	Percentage of noise complaints resolved at first contact.	95%	95%
Ensure building consents are processed effectively and efficiently.	Sustainable 7 Prosperous 1 & 6	Percentage of building consent applications processed within the statutory timeframe.	100%	100%
	Prosperous 6	Percentage of Code of Compliance Certificate applications determined within 20 working days.	100%	100%
Building Consents Authority status is maintained through accreditation systems.	Sustainable 5	Assessment against accreditation criteria meets standard.	Accreditation maintained	Accreditation maintained
All pools and spas in New Plymouth District comply with relevant regulations.	Secure and Healthy 2	Percentage of pools and spas compliant with regulations.	60%	80%
Ensure the enforcement of parking regulations are carried out efficiently and effectively.	Prosperous 1 Connected 1	Percentage of parking infringements paid within specified timeframe.	70%	70%

FINANCIAL PLAN	LTCCP 2011/12 ($000)	Budget 2011/12 ($000)
OPERATIONS
Activity expenditure
Animal control	1,232	1,062
Building consents	3,281	2,921
District planning	1,010	1,268
Land use	1,946	2,073
Environmental health	1,076	846
Parking	1,826	1,844
Total activity expenditure	10,371	10,014

Activity revenue
Animal control	(690)	(747)
Building consents	(2,047)	(2,363)
Land use	(992)	(967)
Environmental health	(339)	(355)
Parking	(3,217)	(3,401)
Total activity revenue	(7,285)	(7,833)

Net cost of operations	3,086	2,181

Appropriations and reserves
Depreciation unfunded/deferred	0	(4)
Transfer to reserves	0	24
Total appropriations and reserves	0	20

RATES REQUIREMENT FOR OPERATIONS	3,086	2,201

CAPITAL EXPENDITURE
Total renewals	61	62
Total improvements	436	439
Total capital expenditure	497	501

Total capital funding	0	0

Net cost of capital activities	497	501

Appropriations and reserves
Transfer from depreciation reserves	(61)	(62)
Total appropriations and reserves	(61)	(62)

FUNDING REQUIREMENT FOR CAPITAL	436	439

RATES AND FUNDING REQUIREMENT
Rates requirement for operations	3,086	2,201
Funding requirement for capital	436	439
TOTAL RATES AND FUNDING REQUIREMENT	3,522	2,640