Corporate and Operations Committee

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1 Open Agenda Notice is hereby given that an ordinary meeting of the Corporate and Operations Committee will be held on: Date: Time: Venue: Wednesday 9:00 Council Chambers 35 Kenrick Street TE AROHA Membership Mayor Councillors Jan Barnes, JP Donna Arnold Teena Cornes Paul Cronin Neil Goodger Brian Hunter Peter Jager James Sainsbury Ash Tanner Kevin Tappin James Thomas, JP Adrienne Wilcock Phone: Address: PO Box 266, Te Aroha Website:

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3 ITEM TABLE OF CONTENTS PAGE PROCEDURAL 1 Meeting Opening 5 2 Present 5 3 Apologies 5 4 Notification of Urgent Business 5 5 Confirmation of minutes 5 OFFICER REPORTS 6 Executive 6.1 Hauraki Rail Trail Charitable Trust Annual, Performance and Audit NZ Reports Gambling and TAB Board Venue Policies approval for consultation Documents executed under Council seal - October/November Health and Safety Report - November Request to commemorate the late Don Stanley at Matamata pools Morrinsville River Walk - Gazetting of Walkway under Walkways Act Urgent Additional Business PUBLIC EXCLUDED 8 Procedural motion to exclude the public 121 C1 C2 Morrinsville River Walk Extension - Esplanade Reserve Access, Piako Park Lane Online Voting Page 3

4 1 Meeting Opening 2 Present 3 Apologies At the close of the agenda apologies from Cr Brian Hunter had been received. 4 Notification of Urgent Business Pursuant to clause and of the Standing Orders NZS 9202:2003 and Section 6A (7) of the Local Government Official Information and Meetings Act 1987, the Chairman to enquire from members whether there are any additional items for consideration which qualify as extraordinary or urgent additional business. 5 Confirmation of minutes Minutes, as circulated, of the Ordinary Meeting of the Corporate and Operations Committee, held on 28 November 2018 Page 5

5 Hauraki Rail Trail Charitable Trust Annual, Performance and Audit NZ Reports Trim No.: Item 6.1 Executive Summary Diane Drummond, General Manager, Hauraki Rail Trail Charitable Trust (HRTCT) in attendance 9am to give HRTCT quarterly update. Council to receive HRTCT Annual Report, Performance Report and Audit NZ Independent Auditor s Report of the financial statements ending 30 June Recommendation That: 1. The information be received. 2. Council receive the following for the year ended 30 June 2018: a. Hauraki Rail Trail Charitable Trust Annual Report b. Hauraki Rail Trail Charitable Trust Performance Report c. Audit NZ Report on Hauraki Rail Trail Charitable Trust s financial statements. Content Background The HRTCT Annual Report was presented at their AGM on 27 November HRTCT audited accounts are required to be provided to MPDC by the end of November annually as per the Funding Agreement (1 July 2017 to 30 June 2031) clause: 9. Trust's Annual Report a) Within 5 months of 30 June each year the Trust must present its audited annual accounts and annual report ("Annual Report"), and all the Information each Council requires to meet its obligations under the Local Government Act 2002 for annual reporting purposes (including, without limitation, Schedule 10 of the Local Government Act 2002) whether or not the Trust is an exempted council controlled organisation under section 7(3) of the Local Government Act At Council meetings of 14 December 2011, 12 November 2014 and 8 November 2017, Council resolved to grant the Trust an exemption from the general Council Controlled Organisation requirements of the Local Government Act 2002, under section 7(3) of that Act. Pursuant to section 7(6) of the LGA any decision to grant an exemption is required to be reviewed within three years after it is granted. Review of the Trust s exemption from the requirements of a CCO is due by 8 November Hauraki Rail Trail Charitable Trust Annual, Performance and Audit NZ Reports Page 7

6 Item 6.1 Analysis Impact on policy and bylaws There are no policy or bylaw considerations. Consistency with the Long Term Plan / Annual Plan Funding for the Hauraki Rail Trail has been included in the Long Term Plan Impact on Significance and Engagement Policy This matter is not considered significant. Attachments A. Annual Report 30 June HRTCT B. Performace Report 30 June HRTCT C. Audit NZ Report - HRTCT 30 June 2018 Signatories Author(s) Vicky Oosthoek Committee Secretary Approved by Sandra Harris Acting Strategic Policy Manager Don McLeod Chief Executive Officer Page 8 Hauraki Rail Trail Charitable Trust Annual, Performance and Audit NZ Reports

7 Attachment A Item 6.1 Hauraki Rail Trail Charitable Trust Annual, Performance and Audit NZ Reports Page 9

8 Attachment A Item 6.1 Page 10 Hauraki Rail Trail Charitable Trust Annual, Performance and Audit NZ Reports

9 Attachment A Item 6.1 Hauraki Rail Trail Charitable Trust Annual, Performance and Audit NZ Reports Page 11

10 Attachment A Item 6.1 Page 12 Hauraki Rail Trail Charitable Trust Annual, Performance and Audit NZ Reports

11 Attachment A Item 6.1 Hauraki Rail Trail Charitable Trust Annual, Performance and Audit NZ Reports Page 13

12 Attachment A Item 6.1 Page 14 Hauraki Rail Trail Charitable Trust Annual, Performance and Audit NZ Reports

13 Attachment A Item 6.1 Hauraki Rail Trail Charitable Trust Annual, Performance and Audit NZ Reports Page 15

14 Attachment A Item 6.1 Page 16 Hauraki Rail Trail Charitable Trust Annual, Performance and Audit NZ Reports

15 Attachment B Item 6.1 Hauraki Rail Trail Charitable Trust Annual, Performance and Audit NZ Reports Page 17

16 Attachment B Item 6.1 Page 18 Hauraki Rail Trail Charitable Trust Annual, Performance and Audit NZ Reports

17 Attachment B Item 6.1 Hauraki Rail Trail Charitable Trust Annual, Performance and Audit NZ Reports Page 19

18 Attachment B Item 6.1 Page 20 Hauraki Rail Trail Charitable Trust Annual, Performance and Audit NZ Reports

19 Attachment B Item 6.1 Hauraki Rail Trail Charitable Trust Annual, Performance and Audit NZ Reports Page 21

20 Attachment B Item 6.1 Page 22 Hauraki Rail Trail Charitable Trust Annual, Performance and Audit NZ Reports

21 Attachment B Item 6.1 Hauraki Rail Trail Charitable Trust Annual, Performance and Audit NZ Reports Page 23

22 Attachment B Item 6.1 Page 24 Hauraki Rail Trail Charitable Trust Annual, Performance and Audit NZ Reports

23 Attachment B Item 6.1 Hauraki Rail Trail Charitable Trust Annual, Performance and Audit NZ Reports Page 25

24 Attachment B Item 6.1 Page 26 Hauraki Rail Trail Charitable Trust Annual, Performance and Audit NZ Reports

25 Attachment C Item 6.1 Hauraki Rail Trail Charitable Trust Annual, Performance and Audit NZ Reports Page 27

26 Attachment C Item 6.1 Page 28 Hauraki Rail Trail Charitable Trust Annual, Performance and Audit NZ Reports

27 Attachment C Item 6.1 Hauraki Rail Trail Charitable Trust Annual, Performance and Audit NZ Reports Page 29

28 Attachment C Item 6.1 Page 30 Hauraki Rail Trail Charitable Trust Annual, Performance and Audit NZ Reports

29 Gambling and TAB Board Venue Policies approval for consultation Item 6.2 Trim No.: Executive Summary Council is required by legislation to review and adopt their Gambling Venue Policy and TAB Board Venue Policy (Policies) every three years. This involves assessing the social impacts of gambling to evaluate the effect it has on the district. Consultation on these two Policies must follow the Special Consultative Procedure under the Local Government Act 2002 and is planned to occur in conjunction with consultation on a number of other documents in March/April Copies of the draft Gambling Venue Policy, TAB Board Venue Policy and Statement of Proposal are attached to this report for approval to consult. Recommendation That: 1. The Committee receives the information. 2. The Committee has considered whether or not to adopt a relocation policy, in doing this considered the social impact of gambling in high-deprivation communities within its district. 3. The Committee determines to include a relocation policy within its draft Gambling Venue Policy as per section 101(4) of the Gambling Act The Committee approves the draft Gambling Venue Policy, draft TAB Board Venue Policy and corresponding Statement of Proposal to be released for public consultation alongside a number of other documents also requiring consultation in March/April Content Background Council is required by the Gambling Act 2003 to review their Gambling Venue Policy and TAB Board Venue Policy every three years. Both policies were last reviewed in June 2016 therefore they must be reviewed and adopted by June Gambling Venue Policy It is a legislative requirement under the Gambling Act 2003 (section 101) for territorial authorities to have a policy on class 4 venues. The Gambling Act applies to all forms of gambling except for race and sports betting which is covered by the Racing Act The purposes of the Act relevant to a class 4 venue policy are: Control the growth of gambling Prevent and minimise the harm from gambling, including problem gambling Facilitate community involvement in decisions about the provision of gambling. Gambling and TAB Board Venue Policies approval for consultation Page 31

30 Item 6.2 Class 4 gambling is gambling on gaming machines (commonly referred to as pokies ), which are not located in casinos. A class 4 gaming venue policy must specify whether or not class 4 venues can be established in Matamata-Piako, and, if so, where they may be located. It may also: Specify any restriction on the maximum number of gaming machines that may be operated Include a relocation policy. The primary effect of the Council s current Gambling Venue Policy is to influence gambling accessibility, and is what is commonly referred to as a capped policy. It states the Council will not grant consent under section 98 of the Gambling Act 2003 to allow any increase in class 4 gaming venues or machine numbers, except where the cap allows for it or two or more corporate societies (clubs) are merging. Where two clubs are merging, Ministerial consent must specify the number of gaming machines that may be operated. In accordance with section 95 (4) of the Gambling Act 2003, the number of machines that may be operated must not exceed the lesser of: the number of gaming machines specified in a territorial authority consent 30 machines the sum of the number of gaming machines of the two venues merging, as specified in the application. The current Gambling Venue Policy has established a cap on the number of machines in the district at 201 and a cap on the number of venues in the district at 15. This cap was established in the 2007 Policy and this cap has been maintained since this time. Currently there are 157 machines (which could increase to 173 without Council consent) operating throughout 13 venues in Matamata-Piako. Attached is a record of the number, and location of all class 4 venues in Matamata-Piako. This also shows the number of machines that some venues can increase to, without Council consent. TAB Venue Policy It is a legislative requirement under the Racing Act 2003 (section 65D) for territorial authorities to have a policy on Board Venues. The purpose of the Racing Act 2003 is: to provide effective governance arrangements for the racing industry to facilitate betting on galloping, harness and greyhound races and other sporting events to promote the long-term viability of New Zealand racing. A TAB Board Venue Policy must specify whether or not Board venues can be established in Matamata-Piako, and, if so, where they may be located. The only type of TAB which the Council s policy can apply to is a Board venue. These are also commonly referred to as a TAB venue, TAB store, or stand-alone TAB. A Board venue is a premises that is owned or leased by the New Zealand Racing Board, and where the main business carried out on that premises is providing race and/or sports betting under the Racing Act Board venues offer full TAB services. Although some may be located within another business, a Board venue is in a totally separate area from the host business and has its own dedicated staff. Page 32 Gambling and TAB Board Venue Policies approval for consultation

31 The other types of TAB, which the Council s policy cannot apply to are: Pub TAB / TAB Outlet: located within another business (typically a pub or workingmen s club) and forms part of the services offered by the host business. They offer the same services as a Board venue, and are run by trained staff. Self-service TAB terminal: electronic terminal located within another business. These terminals offer most of the TAB products. Item 6.2 The TAB also offers betting services via the phone and internet. Council s current TAB Board Venue Policy allows the New Zealand Racing Board to establish new Board venues in the district, being one each in Morrinsville, Matamata and Te Aroha without any restrictions as long as all other statutory and District Plan requirements are met. There are currently no TAB Board Venues operating in the district. Issues Proposed changes to the Gambling Venue and TAB Board Venue Policies The changes proposed to these policies are outlined in the Statement of Proposal. One of the key changes proposed in the draft Gambling Venue policy is to update the machine and venue ratio to reflect the latest population estimates but retaining the cap at the current levels. By maintaining the status quo cap there will be room for growth in the industry. By maintaining the status quo cap there will be room for growth in the industry. Gambling-related Harm In adopting these policies, Council must have regard to the social impact of gambling within the district. The Department of Internal Affairs defines problem gambling as gambling that causes or may cause harm to a person, their family, or the community. The social costs of problem gambling relate to financial issues, problems at work, employment loss, relationship and parenting problems, family violence, alcohol and tobacco abuse, mental health problems, and suicide. Problem gambling is usually associated with gaming machines. Approximately two in five regular gamblers on gaming machines experience problems with gambling. The harm may result from just one gambling session. In other cases, it is the result of regular gambling sessions over a period of time and involving substantial amounts of money (Department of Internal Affairs, 2017). Most adults in New Zealand gamble at least occasionally. Other than buying raffle or Lotto tickets, only a minority of adults participate in gambling activity. The 2014 National Gambling Study (NGS) found that: 80% of the adult population had participated in some form of gambling during the past year; 86% had participated at some time in the past The previous year s participation rate was lower than during the 1990s when 90% participated. The lifetime rate was also higher during the 1990s, around 95% Approximately one in five adults (22%) gambled weekly or more often; a substantial decrease from the 1991 (48%) and 1999 (40%) surveys Lotto was the most popular form of gambling (62%). This was followed by raffles (47%) Instant Kiwi (33%), bets with friends and workmates (15%), non-casino gaming machines (14%). Gambling and TAB Board Venue Policies approval for consultation Page 33

32 Item 6.2 The NGS found that although most adults (70%) who had gambled in the previous 12 months were at no risk of their gambling causing harm, 0.3% were problem gamblers. A further 1.5% are categorised as moderate risk gamblers. Harmful effects of problem gambling can include: Financial problems Problems at work (ranging from poor performance to fraud) Poor parenting and other relationship problems Family violence Alcohol abuse Mental health problems Suicide. As well as the harm experienced by the problem gambler themselves, problem gambling negatively impacts the people around that person and can have wide-ranging effects on these relationships. There isn t a great deal of consensus about the extent of this secondary harm. The New Zealand Health Survey suggests around one in 40 people aged 15 and over (2.5%) are negatively affected by another person s gambling. Other studies have suggested rates of secondary harm could be as high as 17%. The reported problem gambling intervention service client rates (number of new referrals) in Matamata-Piako do appear relatively consistent over the years. Non casino gaming machines The Gambling Act 2003 provides for class 4 gambling (non-casino gaming machines) to be permitted only where it is used to raise funds for community purposes. Venues (pubs and clubs) may choose to host gaming machines in order to offer customers a range of entertainment at their pub or bar. Some people believe that a venue with gaming machines may attract more customers, who may drink more and so increase the bar business. Gaming machines may also actually deter some customers from going to the bar (Department of Internal Affairs, 2016) Gambling proceeds and turnover The proceeds in New Zealand for the four main forms of gambling (TAB racing, casinos, lotto and non-casino gaming machines) in the 2016/17 financial year was approximately $2.3 Million, which is $118 million (5.6%) more than the previous year. More was spent on all forms of gambling, though casinos had the largest increase. Non-casino gaming machine proceeds The proceeds from non-casino gaming machines in New Zealand increased 3.2% from $843 million in 2016 to $870 million in After adjusting for both inflation and changes in the adult population, however, it appears that expenditure on non-casino gaming machines has actually remained constant at an average of $237 per person in both 2016/17. ($000,000) 2009/ / / / / / / /17 Gaming machines (outside casinos) Proceeds (losses) Prizes 8,316 8,365 8,395 8,166 7,976 8,141 8, Turnover 9,165 9,222 9,245 8,995 8,783 8,949 9, Reported non-casino gambling proceeds from 2009/10 to 2016/17 (non-inflation adjusted). It is noted the table above differs from the calculations provided in the Statement of Proposal due to population variances. Content for the above table was sourced from dia.govt.nz Page 34 Gambling and TAB Board Venue Policies approval for consultation

33 Proceeds of gambling refers to the amount spent (lost) by participants. It is also each operator s gross profit from their gambling products. Turnover refers to the actual amount of money that is deposited by gamblers. Item 6.2 Gaming machine proceeds (GMP) is the profit made by the pokie machines and does not reflect the true allocation of monies going into the machines (the turnover). Turnover is not calculated at a district level as it s difficult to determine the actual amount of money being spent in machines. This is because a $10 outlay can result in a win (say $9) which is then put back into the machine, and then a $4 win again is put back into the machine. Therefore, only $10 is spent, but $21 is actually put into the machine. From the proceeds, the corporate societies that manage gaming machines must only pay: The actual, reasonable and necessary costs (including prizes), levies and taxes incurred in conducting the gambling. The actual, reasonable and necessary costs incurred in complying with the Gambling Act 2003 (the Act) and licences issued under the Act. All other money must be applied or distributed to authorised purposes (Charitable and noncommercial purposes as defined in the Gambling Act 2003) Gaming machine proceeds in the Matamata-Piako District are detailed in the Statement of Proposal showing the annual gaming machine proceeds year and by quarters TAB racing and sports betting proceeds The proceeds from TAB racing and sports betting decreased by 1.18% from $342 million in 2016 to $338 million in After adjusting for both inflation and changes in the adult population, expenditure on TAB racing and sports betting increased from an average of $97 per person in 2015/16 to $92 per person in 2016/17. NZ Racing Board (TAB) ($000,000) 2009/ / / / / / / /17 Proceeds (losses) Prizes 1,304 1,261 1,336 1,422 1,522 1,748 1,928 1,907 (dividends) Turnover 1,583 1,533 1,619 1,717 1,833 2,073 2,270 2,245 Reported TAB gambling proceeds from 2009/10 to 2016/17 (non-inflation adjusted). It is noted the table above differs from the calculations provided in the Statement of Proposal due to population variances. Content for the above table was sourced from dia.govt.nz In accordance with the Racing Act 2003, the New Zealand Racing Board must allocate the funds received from sports betting as follows: refunds of bets and winning dividends for that year goods and services tax (GST) totalisator duty as prescribed by the Gaming Duties Act 1971 any amounts agreed to be paid to New Zealand national sporting organisations its own operating costs. The surplus, if any, after meeting the above costs must be distributed among racing codes, however some could be held in reserves by the Board Gambling and TAB Board Venue Policies approval for consultation Page 35

34 Item 6.2 Return to player vs Proceeds NZ wide Money that is deposited into gaming machines can be divided into two categories; player winnings and gaming machine proceeds. For every $1 that is put into a gaming machine, on average 92 cents is allocated to player winnings and 8 cents to gaming machine proceeds, as displayed below. The system is designed with the intention that venues operating the gaming machines break even in terms of their associated costs and their share of the gaming machine proceeds. Theoretical Return to Player (RTP). Gaming machines must return a certain percentage back to the player over time. This is known as theoretical RTP and is measured against turnover. There is an upper limit here of 92%, although some games are set to return slightly lower. Note that this is highly variable in the short term but represents an average across the life of the gaming machine. On average, for every dollar gambled, the patron can expect to win back $0.92 if the RTP is set to 92%. Rate of Return. Societies, Trusts and Clubs must return a certain percentage back to the community by way of grants or applied funding. For Non-Club Societies, this is currently 40% of Total Proceeds (Gaming Machine Proceeds and other income such as interest). Benefits of Class 4 Gambling In Matamata-Piako Gambling is often a harmless entertainment activity from which people derive personal enjoyment and positive social effects. For a significant number of adults over the age of 65 years gambling has become a form of recreation and entertainment (Problem Gambling Foundation of New Zealand, 2009). Gambling can benefit communities by way of community funding, employment opportunities and simply as a form of entertainment. Hundreds of millions of dollars are returned annually to the community from the proceeds of gambling on pokies in pubs and hotels (Department of Internal Affairs, 2016). The Statement of Proposal includes information on the funding allocated to the Matamata-Piako District. The community as a whole benefits from the return of profits (legislation prescribes a minimum of 40% of gross proceeds) either as grants to community organisations through the various trusts that own the machines or benefits provided to members of chartered clubs. The societies do not necessarily advertise the availability of funding; however, they are required to advertise the beneficiaries annually. Page 36 Gambling and TAB Board Venue Policies approval for consultation

35 The Matamata-Piako community received over $1.3 million in funding from 1 January 2017 to 30 June Over half of this (64%) was to sporting clubs and organisations. The proceeds from gaming machines provide an important funding stream for a number of community projects both nationally and within the District. Each society and trust has its own funding criteria and it is here that the distribution (back to the community the money was raised in, or otherwise) is decided. Some of the venues in the District (e.g. RSA Clubs) own the rights to spend profits back into their own club along with (in the RSA s case) national distribution. Item 6.2 Importantly, the grant distribution shown in the Statement of Proposal are grants made to organisations located in the District. Those grants given to organisations that cover multiple districts or are national bodies, such as the National Heart Foundation or Search and Rescue, are not included. The Problem Gambling Foundation state their analysis they have no way of knowing what percentage of the grants goes specifically to Matamata-Piako District. It is therefore unclear how much benefit the Matamata-Piako District derives from the grants made to these national organisations. Relocation policy (Gambling Venue Policy) A relocation policy is a policy setting out if and when the Council will grant consent in respect of a venue within its district where the venue is intended to replace an existing venue (within the district) to which a class 4 venue licence applies. A relocation policy is included in the draft policy for consultation. It is proposed to make no changes to this except for minor amendments. The Gambling (Gambling Harm Reduction) Amendment Act 2013 came into place in September 2013 and required councils that didn t have a relocation policy at that time to consider whether or not to adopt a relocation policy at the next policy review. Council considered this issue as part of the previous policy review in Following the 2016 consultation process, Council decided to adopt a relocation policy. If Council wishes to continue setting a relocation policy within the Gambling Venue Policy, the Act states that Council must consider the social impact of gambling in high-deprivation communities. When considering whether or not to include a relocation policy the statistics outlined in the Statement of Proposal outlining the social impact of gambling as well as the latest deprivation index ratings (NZ Dep 2013) for Matamata-Piako (below) indicating the high deprivation communities within our district should be taken into consideration. A map is attached shows the location of class 4 gambling venues in the district over NZ Deprivation Index. The table below shows the changes in deprivation levels between 2006 and 2013: Area Deprivation comparison Hinuera 2 3 Increased deprivation Okauia 4 5 Increased deprivation Tahuroa 4 5 Increased deprivation Springdale 5 5 Consistent Waihou-Walton 5 6 Increased deprivation MV East 5 6 Increased deprivation MM South 7 7 Consistent MM North 8 8 High, consistent Gambling and TAB Board Venue Policies approval for consultation Page 37

36 Item 6.2 Area Deprivation comparison Te Aroha 8 8 High, consistent Waitoa 7 9 High, increased deprivation MV West 8 9 High, increased deprivation Waharoa High, consistent The deciles rank from 1 to 10. NZDep 9 and 10 equate to high deprivation or low socio-economic status. A score of NZDep 1 and 2 is an area of low deprivation and relates to high socio-economic status. The table below shows the number of class 4 gaming venues in the district by th NZ Dep deprivation rating: Area March 2015 September 2018 Very low (1-2) 0 0 Medium low (3-4) 0 0 Medium (5-6) 3 3 Medium high (7-8) 8 7 Very high (9-10) 3 3 TOTAL The New Zealand Index of Deprivation (NZDep) was developed after the 1991 Census. It was conceived with three purposes in mind: resource allocation, community advocacy and research. NZDep used national Census data, and was based on international deprivation research. For the past 20 years, the NZDep has been the universal measure of area-based social circumstances for New Zealand and often the key social determinant used in population health and social research. In 2017, a new deprivation measure was released the index of Multiple Deprivation (IMD) which was developed with Health Research Council funding by the University of Auckland s School of Population Health. The IMD provides depth of understanding in terms of the drivers of deprivation. The IMD are not official statistics, they have been created for research purposes from the Integrated Data Infrastructure (IDI), managed by Statistics New Zealand but help to provide a detailed understanding of each area s drivers. A report on the Waikato region IMD was produced as part of the Waikato Plan project. This report shows Waipa, Otorohanga and Matamata-Piako have the least amount of high deprivation zones (called Quartile 4 and 5 zones) of Councils within the Waikato region Which deprivation index is used could impact upon the relocation policy and how it operates. It is proposed to add clarification in the policy that the NZ Dep Index is used for the purposes of the relocation policy. This is because: The NZ Dep Index is well established and well known as providing a solid basis for local deprivation analysis. The NZ Dep Index is based on Census Area Units, which align to the population levels/ratios in the policy (noting that it is proposed to amend the Policy to refer to Statistical Area 2 s (SA2), which have recently replaced Area Units however the NZDep Index has not yet been updated to reflect this. It is assumed the NZ Dep Index will be based on the SA2 s following the release of the 2018 census data) Page 38 Gambling and TAB Board Venue Policies approval for consultation

37 The IMD uses data zones which do not align with the Area Units or SA2 areas which could create confusion Without any clarification of which deprivation index is to be used (IMD or NZDep), potentially different treatment of venue relocations could occur for example if a venue wished to relocate the deprivation rating of the old/new location could differ between the NZ Dep Index and IMD. This could be problematic if one index provides a more favourable position. Item 6.2 Council should consider what index is best referenced in the Policy. Analysis Options considered The options for the Gambling Venue Policy and TAB Board Venue Policy are outlined in the attached Statement of proposal. Analysis of preferred option The preferred option is for Council to adopt the policies for consultation purposes. The policies have been amended to reflect Council s direction provided in workshops. As gambling is not currently perceived to be a significant problem within the district (although the level of gaming expenditure has risen recently the number of problem gaming referrals have remained similar to previous years) as shown in the attached statement of proposal, maintaining the current policies is not likely to contribute to an increase in the level of harm caused by gambling. Legal and statutory requirements Council must comply with the requirements of the Gambling Act 2003, and the Racing Act These matters have been discussed earlier in this report. When determining its Gambling Venue Policy, the Gambling Act says Council may have regard to any relevant matters, including: the characteristics of the district and parts of the district: the location of kindergartens, early childhood centres, schools, places of worship, and other community facilities: the number of gaming machines that should be permitted to operate at any venue or class of venue: the cumulative effects of additional opportunities for gambling in the district: how close any venue should be permitted to be to any other venue: what the primary activity at any venue should be. In a similar way, when determining its TAB Board Venue Policy the Racing Act 2003 says Council may have regard to any relevant matters, including the characteristics of the district and parts of the district: the location of kindergartens, early childhood centres, schools, places of worship, and other community facilities: the cumulative effects of additional opportunities for gambling in the district. Impact on policy and bylaws The outcome of this process will result in a reviewed Gambling Venue Policy and TAB Board Venue Policy. Gambling and TAB Board Venue Policies approval for consultation Page 39

38 Item 6.2 Consistency with the Long Term Plan / Annual Plan This issue is not related to the Long Term Plan / Annual Plan. Funding is provided in the Long Term Plan for policy reviews. Impact on Significance and Engagement Policy The Act requires community consultation on the policies (see below). Consent issues Generally, a society must obtain a territorial authority consent in the following circumstances: If a society proposes to increase the number of machines that may be operated at a Class 4 venue (whether by way of an application for, or amendment to, a Class 4 venue licence, and whether or not in association with an application for ministerial discretion under section 95 or 96) The first time there is an application for a Class 4 venue licence for a venue for which a Class 4 venue licence was not held on 17 October 2001 If a society applies for a Class 4 venue licence and a Class 4 venue licence has not been held by any society for the venue within the last six months. Council must consider every application for consent in accordance with its gambling venue policy. The Council may or may not place a condition on gaming machine numbers. It may not place other conditions. It's important to note that any proposed 'cap' in gaming machine numbers would only affect new venues as existing venues already have a statutory entitlement to the number of machines they are operating. A Council consent is not revocable once issued, nor can it lapse or expire - it is a one off assent to a situation. Council also does not have any retrospective powers with regards to any consented venues once they have entered the Department's licensing process. Once Council consent has been used and a licence issued for the venue concerned, the consent remains in effect for as long as a class 4 licence is held for the venue. If there is subsequently a period of more than six months where a class 4 licence is not held for the venue, the Council s consent ceases to have any effect. The venue becomes a "new" venue under the Act and an application for a new consent must be made to the Council. This application must be assessed under the class 4 venue policy that is current at the time of application. Communication, consultation and decision making processes In the Department of Internal Affairs opinion, use of the Special Consultative Procedure is only necessary when adopting a Gambling Venue Policy for the first time or otherwise amending, changing or replacing a Gambling Venue Policy (as opposed to making no changes and rolling it over). In this instance Council is proposing changes to the Gambling Venue Policy and TAB Board Venue Policy and therefore they must be reviewed in accordance with the requirements of the Special Consultative Procedure. Consultation the draft policies is planned to occur in conjunction with a range of other documents early next year. Page 40 Gambling and TAB Board Venue Policies approval for consultation

39 A Communications Plan will be developed to ensure that the community is informed and has the opportunity to provide input. This will be discussed with Council in February The Special Consultative Procedure set by section 83 of the Local Government Act will be followed. Item 6.2 The Gambling Act 2003 requires that Council must give notice of the proposed policy to each corporate society that holds a class 4 venue licence for a venue in the district; organisations representing Māori in the district. A similar requirement exists under the Racing Act 2003 for the TAB Board Venue Policy where Council must notify the NZ Racing Board. This will be addressed as part of the Communications Plan. Timeframes Process Date Council workshop 1 19 September 2018 Council workshop 2 24 October 2018 Committee to approve the draft Gambling Venue Policy and TAB Board Venue Policy and statement of proposal for consultation Public consultation period 20 March 22 April 2019 Council hearing of submissions/ 15 May 2019 deliberations. Gambling Venue Policy and TAB Board 26 June 2019 Venue Policy adopted by Council Policies become effective 1 July 2019 Contribution to Community Outcomes Council has vision to make Matamata-Piako the place of choice, this vision will provide guidance and inspiration for Council s activities for the next 10 years and beyond. The Long Term Plan says that to make this vision a reality we see ourselves enabling the community in five key areas, with 15 specific outcomes we want to achieve. The review of these policies contributes to the Healthy Community outcomes: Our community is safe, healthy and connected. We encourage community engagement and provide sound and visionary decision-making. These policies can contribute to a reduction in problem gambling and allowing for community input in the process. Financial Impact i. Cost The financial impact of this process has been budgeted for in Council s Long Term Plan as part of the Strategies and planning budget. The main costs are staff time and advertising. Gambling and TAB Board Venue Policies approval for consultation Page 41

40 Item 6.2 Attachments A. Class 4 Venues in Matamata-Piako B. C. Class 4 Gambling Venues mapped with NZ Deprivation Index Statement of Proposal D. DRAFT TAB Board Venue Policy 2019 E. DRAFT Gambling Venue Policy 2019 Signatories Author(s) Niall Baker Acting Senior Policy Planner Approved by Sandra Harris Acting Strategic Policy Manager Don McLeod Chief Executive Officer Page 42 Gambling and TAB Board Venue Policies approval for consultation

41 Class 4 Venues in Matamata-Piako District July 2018 Society Name Venue Name Venue Physical Address Machine count Maximum number of machines that can be operated without Council consent Number of machines on 22 Sept 2003 GRASSROOTS TRUST LIMITED PALACE HOTEL WHITTAKER STREET TE AROHA MATAMATA CLUB INCORPORATED MATAMATA CLUB INCORPORATED WAHAROA ROAD EAST MATAMATA MATAMATA MEMORIAL R.S.A. INCORPORATED MATAMATA MEMORIAL R.S.A. INCORPORATED NGAIO STREET MATAMATA Morrinsville & District Memorial RSA Inc MORRINSVILLE DISTRICT RSA 27 STUDHOLME STREET MORRINSVILLE New Zealand Community Trust TOP PUB 2618 State Highway MORRINSVILLE New Zealand Community Trust TRAC SPORTS BAR 38 BROADWAY MATAMATA PUB CHARITY LIMITED THE GRAND TAVERN WHITAKER STREET TE AROHA THE LION FOUNDATION (2008) HORSE & JOCKEY 81 ARAWA STREET MATAMATA THE LION FOUNDATION (2008) NOTTINGHAM CASTLE HOTEL CORNER THAMES AND STUDHOLME STREETS MORRINSVILLE THE LION FOUNDATION (2008) TAHUNA TAVERN Cnr of Pioneer Road and Huia Street TAHUNA THE LION FOUNDATION (2008) WAIHOU TAVERN STATE HIGHWAY WAIHOU-WALTON THE TE AROHA MEMORIAL RSA INC TE AROHA MEMORIAL RSA 67 REWI STREET TE AROHA THE TOWN AND COUNTRY CLUB INCORPORATED TOWN AND COUNTRY CLUB INCORPORATED 382 THAMES STREET MORRINSVILLE Note: all venues in Matamata-Piako were existing on 17 October No venues are currently within 6 months of surrender date. Attachment A Item 6.2 Gaming machines currently operating at venues: 157 Plus number of gaming machines the venues below can increase by without Council consent: MATAMATA MEMORIAL R.S.A. INCORPORATED 2 MORRINSVILLE DISTRICT RSA 5 TOP PUB 4 TAHUNA TAVERN 2 TE AROHA MEMORIAL RSA 3 Total number of gaming machines that may operate without Council consent: 173 Gambling and TAB Board Venue Policies approval for consultation Page 43

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43 Attachment B Item 6.2 Gambling and TAB Board Venue Policies approval for consultation Page 45

44 Attachment C Item 6.2 Statement of Proposal Draft Gambling Venue and TAB Board Venue Policies 2019 Consultation 20 March-22 April 2019 Page 46 Gambling and TAB Board Venue Policies approval for consultation

45 Executive summary This is the proposal by the Matamata-Piako District Council to review its Gambling Venue Policy and TAB Board Venue Policy (Policies) which are required under the Gambling Act 2003 and Racing Act 2003 (Acts). We are proposing to maintain the current Policies (status quo) as gambling is not thought to cause significant harm in our district with some minor changes. This Statement of Proposal is part of the Special Consultative Procedure of the Local Government Act 2002 (LGA) for the review of the Policies. Consultation is being undertaken so we can assess public support for the proposal to leave the Policies the same or to incorporate one of the other options into one of our Policies as a result of community feedback. Consultation on the Policies will be undertaken in conjunction with a number of other Council documents. The Policies (with additions underlined and deletions struck through) and information on how you can have your say can be found at any Council Office or on Council s website at What is the Gambling Venue Policy and TAB Board Venue Policy? We have the responsibility under the Acts to develop policy to control the use, growth and any social impact gambling may cause in our district. This includes the number and location of machines within the district, any restrictions on the number of machines allowed to operate in a single class 4 gaming venue (pokie machines only) and the number of TAB board venues allowed to operate in our district. Attachment C Item 6.2 Are we proposing any changes to the Policies? Gambling Venue Policy We are proposing to mainly leave the Policy as is (status quo), apart from some amendments to update references within the Policy. In summary, the following changes are proposed: Section 1 clarification that the Policy applies to class 4 gambling venues and there is a separate policy covering TAB Board Venues, and Council s responsibilities in terms of the licensing process Section 2 this has been amended to say that when the Policy is reviewed every three years Council collects information on gambling harm and engages with stakeholders. The current policy provides that Council will make up to date information available to the Citizens Advice Bureau. It is proposed to amend the policy to reflect current practice whereby interested agencies can obtain details from the Problem Gambling Foundation and the Department of Internal Affairs website which can hold more up to date information than Council. Section It is proposed to add clarification in the Policy that the New Zealand Deprivation Index is used is used for the purposes of the relocation policy. This is because the NZ Deprivation Index is well established and well known as providing a solid basis for local deprivation analysis. Gambling and TAB Board Venue Policies approval for consultation Page 47

46 Attachment C Item 6.2 Section 7 - Council is proposing to maintain the current allowed number of machines and venues, however, the current number of machines and venues has been set using ratios in relation to the 2006 population. It is proposed to update the population figures reflect the 2017 population estimates set by Statistics New Zealand (being the latest publicly available data). The ratios of (number of machines and venues per person) have been adjusted to reflect the updated population figures, with the number of machines and venues permitted remaining the same, as per the existing policy. Statistics New Zealand have also changed the way population data is recorded replacing Census Area Units with Statistical Area 2 (SA2). The policy has been amended to reflect this change. It is also proposed to add to clause that Council requires confirmation of the cancellation of previous class 4 venue licences when considering mergers. References to section 95(6) of the Gambling Act 2003 which restricts applications for previously cancelled licences being made within six months of the cancellation, have been added. The current Gambling Venue Policy sets a cap on the number of gaming machines and venues in the district. The cap on gaming venues in the district is 15; there are currently 13 gaming venues operating within our district. The cap on the total number of gaming machines in the district is 201; there are currently 157 gaming machines operating within our district, this could increase to 173 without Council consent. For information on how these caps were set, please refer to the Policies. TAB Board Venue Policy A TAB board venue is a venue that s primary function is TAB gambling. Pubs and Bars that have TAB gambling facilities available but are not their primary function are not considered to be a TAB Bard Venue and therefore are not affected by this Policy. The TAB Board Venue Policy sets a cap of one TAB board venue per township (Matamata, Morrinsville and Te Aroha). There are currently no TAB board venues located within the district. We are proposing to mainly leave the Policy as is (status quo), apart from some amendments to update references within the Policy. In summary, the following changes are proposed: Section 1 clarification that the policy applies to TAB Board venues and there is a separate policy covering class 4 Gambling Venues, and Council s responsibilities in terms of the licensing process. Section 2 this has been amended to say that when the Policy is reviewed every three years Council collects information on gambling harm and engages with stakeholders. The current policy provides that Council will make up to date information available to the Citizens Advice Bureau. It is proposed to amend the policy to reflect current practice whereby interested agencies can obtain details from the Problem Gambling Foundation and the Department of Internal Affairs website which can hold more up to date information than Council. Section 7 when referring to the cap on the number of venues permitted, a clarification has been added around what the word townships mean to reflect the new Statistical Areas set by Statistics NZ. Council is proposing to maintain the current cap on the number of Board Venues. Appendix 1 (Gaming Machine proceeds) Page 48 Gambling and TAB Board Venue Policies approval for consultation

47 Appendix 1 shows gaming proceeds in our district has increased over the past two years, 2016/17 to 2017/18, there is also generally relatively low gaming proceeds in the January to March period each year. The district has consistently lower proceeds than neighboring Councils between 2010/11 and 2017/18 except for Hauraki District where the proceeds have been consistently less than Matamata-Piako. Appendix 2 (Loss per head) From 2010/11 loss per head on pokie machines in Matamata-Piako has been consistently lower compared to neighbouring councils (shown in Appendix 2) with only Waikato District being lower. More recently Matamata-Piako loss per head has risen slightly and is now above both Waikato and Waipa Districts. Matamata-Piako loss per head remains lower than the National loss per head, continuing the historical trend occurring since 2010/11. Appendix 3 (Problem Gambling Referrals) Problem gambling is not considered a significant issue in Matamata-Piako. As appendix 3 shows, the number of new people assisted with problem gambling has remained relatively stable between 2008/09 and 2016/17 although there was a decrease in 2015/16. Compared to our neighbouring councils (appendix 3), gambling is not considered to be a significant problem with approximately 0.26 people out of every 1,000 identify as a new problem gambler each year (or 1 in every 3,758 adults). In comparison to neighboring councils, Matamata-Piako is low. Matamata-Piako is also considered to have a somewhat low rate of identified harm when compared nationally. Some literature suggests that there is no direct correlation between money spent or number of gaming machines available and number of people identifying as having a problem with gambling. Other literature suggests that there can be a demonstrated increase in problem gambling in correlation with an increased availability of machines, this literature suggests that remaining steady or decreasing the number of machines may lead to a reduction in gambling harm. Attachment C Item 6.2 Appendix 4 (Grant distribution) As a requirement under legislation, gaming societies are required to return approximately 37 per cent of profits back to the community. Between January 2017 and June 2018 a total of $1,332, has been granted back to organisations within the community the majority of funds going to education, community groups, sports and health related organisations. The amount each society has granted back to the community is shown in appendix 4. Please note that proceeds from Returned Servicemen Association venues (RSAs) in the district have not been included as they provide support to veterans and are not required to give grants from the proceeds of their gaming machines to the wider community. Information on their funding distribution within in the district is unavailable for this reason. The grant distribution shown in Appendix 4 are grants made to organisations located in the District. Those grants given to organisations that cover multiple districts or are national bodies, such as the National Heart Foundation or Search and Rescue, are not included. The Problem Gambling Foundation state their analysis they have no way of knowing what percentage of the grants goes specifically to Matamata-Piako District. It is therefore unclear how much benefit the Matamata-Piako District derives from the grants made to these national organisations. Number of gaming machines in Matamata-Piako Gambling and TAB Board Venue Policies approval for consultation Page 49

48 Attachment C Item 6.2 In Matamata-Piako we have approximately 1 machine per 164 people, this is less than half of the national level. We have a higher number of machines per person than all neighboring Councils listed below, except for Waikato District. Number of 18+ people per machine as September 2018 Matamata-Piako 164 Hauraki 114 Waikato 193 Waipa 152 South Waikato 89 Thames-Coromandel 84 National 372 Why are we reviewing our Policies? Under the Acts we must review our Policies every three years. This ensures we continue to meet our statutory requirements and helps to evaluate the impact that our Policies have on gambling and gambling related harm in our district. Statutory requirements Section 102 (5) of the Gambling Act states that Councils must review their gambling policies at least every three years and section 102 (2) of the Gambling Act states that the review must be in accordance with the Special Consultative Procedure as outlined in section 83 of the LGA. Similarly under sections 65D and 65E for the Racing Act 2003 we are required to adopt a TAB Board Venue Policy and review it every three years, in accordance with the Special Consultative Procedure as outlined in section 83 of the LGA. We are currently undertaking this process and invite you to make a submission on our proposal to retain the current Policies with relatively minor changes to update them. Information on how you can make a submission is contained in further sections of this document. When determining its Gambling Venue Policy, the Gambling Act says Council may have regard to any relevant matters, including: the characteristics of the district and parts of the district. the location of kindergartens, early childhood centres, schools, places of worship, and other community facilities. the number of gaming machines that should be permitted to operate at any venue or class of venue. the cumulative effects of additional opportunities for gambling in the district. how close any venue should be permitted to be to any other venue. what the primary activity at any venue should be. Council is also required to consider adopting a relocation policy within the Gambling Venue Policy and the social impacts on high deprivation communities. Council implemented a relocation policy in 2016 and is proposing no changes to this other than minor amendments. Page 50 Gambling and TAB Board Venue Policies approval for consultation

49 When determining its TAB Board Venue Policy the Racing Act 2003 says Council may have regard to any relevant matters, including the characteristics of the district and parts of the district. the location of kindergartens, early childhood centres, schools, places of worship, and other community facilities. the cumulative effects of additional opportunities for gambling in the district. Options to consider In reviewing the Policies we have considered several options. The advantages and disadvantages of each option are set out below, some considerations fall in to both categories, depending on whether gambling in general is considered in a positive or negative light. None of the options identified are likely to impact on our capacity to meet present and future needs in relation our statutory responsibilities under the Acts or any other legislation. The following Community Outcome would likely be promoted by a reduction in gambling venues and machines Our Community is safe, healthy and connected, however as demonstrated elsewhere in this Statement of Proposal, problem gambling is not seen to be a significant problem in our district. We would like to hear your thoughts on which option you prefer. Gambling Venue Policy Option 1 amend machine and venue ratios to reflect 2017 population estimates but retain the current number of machines and venues Attachment C Item 6.2 The Gambling Venue Policy would remain as is with a cap of 201 gaming machines and 15 venues but with the population based on the 2017 population estimates. This is our preferred option. Advantages Allows the policy to be updated to reflect a more up to date population for the district, as the 2006 figures do not reflect the changes in population that have occurred since that time. Allows more gaming machines and a venue to operate as we are not at our current cap. Potentially more money available to give as grants to community organisations. Disadvantages Does not lead to a practical change in the number of venues and machines permitted in the district. Allows more gaming machines and a venue to operate as we are not at our current cap. Increased likelihood that gambling could become a significant problem in our district. Option 2 Status quo The Gambling Venue Policy would remain as is with a cap of 201 gaming machines and 15 venues with the population based on the 2006 levels (status quo). Gambling and TAB Board Venue Policies approval for consultation Page 51

50 Attachment C Item 6.2 Advantages Allows more gaming machines and a venue to operate as we are not at our current cap. Potentially more money available to give as grants to community organisations. Option 3 Reduce the cap on machines and venues Disadvantages Allows more gaming machines and a venue to operate as we are not at our current cap. Increased likelihood that gambling could become a significant problem in our district. Does not reflect the change in population figures since This would mean the cap would be aligned with the current number of gaming machines that can operate without needing Council s consent and venues operating in the district 173 gaming machines (this is the number of gaming machines that can operate without needing Council s consent) throughout 13 venues. Advantages Does not allow anymore machines above the current allowed number or anymore venues to operate. Disadvantages Does not allow anymore machines above the current allowed number or anymore venues to operate. Reduced likelihood that gambling would become a significant problem in our district. Option 4 Increase the cap on machines and venues This would mean the current cap of 201 gaming machines and 15 venues would be increased to another set number. This could be raised to a set number, as an example 250 machines. Advantages Allows more gaming machines and venues to operate. Potentially more money available to give as grants to community organisations. Disadvantages Allows more gaming machines and venues to operate. Increased likelihood that gambling could become a significant problem in our district. Option 5 Adopt a sinking lid policy This would mean that no new gaming licenses would be issued and the number of gaming machines and venues in the district may slowly decline. Under this option, no new class 4 venues will be permitted to establish. This is commonly referred to as a sinking lid policy, and is the most restrictive policy a local authority has the mandate to put in place. Page 52 Gambling and TAB Board Venue Policies approval for consultation

51 Advantages Does not allow anymore machines or venues to operate. Reduced likelihood that gambling would become a significant problem in our district. Disadvantages Does not allow anymore machines or venues to operate. As the number of gaming machines and venues decline, there could potentially be less money granted back to community organisations. Option 6 Update population estimates and maintain the ratio currently permitting, allowing additional machines and venues Each area in Matamata-Piako has a ratio of gaming machines and venues to people. These ratios would be maintained however the actual numbers of machines and venues allowed could increase if it is based on either the 2013 census population or the 2017 population projections (the most recent projections available at this time) rather than the current 2006 population levels currently used. Advantages 2013 Census population - Would allow for 17 more gaming machines (10 in Matamata, 5 in Morrinsville, 2 in Te Aroha). Disadvantages 2013 Census population - Would allow for 17 more gaming machines (10 in Matamata, 5 in Morrinsville, 2 in Te Aroha). Attachment C Item 6.2 The 2013 census population would also allow for 1 additional venue in Matamata population projections - Would allow for 41 more gaming machines (20 in Matamata, 12 in Morrinsville and 7 in Te Aroha, 2 in the rural area) The 2017 population projections would also allow for 3 additional venues (1 in Matamata, 1 in Morrinsville, and 1 in Te Aroha. Potentially more money available to give as grants to community organisations. Dispersion of gaming machines would remain constant i.e. Not all machines operate in one town. The 2013 census population would also allow for 1 additional venue in Matamata population projections - Would allow for 41 more gaming machines (20 in Matamata, 12 in Morrinsville and 7 in Te Aroha, 2 in the rural area) The 2017 population projections would also allow for 3 additional venues (1 in Matamata, 1 in Morrinsville, and 1 in Te Aroha. Increased likelihood that gambling could become a significant problem in our district.. Option 6 Maintain, amend or remove the relocation policy Gambling and TAB Board Venue Policies approval for consultation Page 53

52 Attachment C Item 6.2 The Gambling (Gambling Harm Reduction) Amendment Act requires councils that don t currently have relocation policies to consider whether or not to adopt a relocation policy at the next review. These provisions came into place in September 2013 and Council decided to introduce a relocation policy in No changes are proposed to this policy other than minor amendments. Relocation policy (Gambling Venue Policy) A relocation policy is a policy setting out if and when the Council will grant consent in respect of a venue within its district where the venue is intended to replace an existing venue (within the district) to which a class 4 venue licence applies. A relocation policy is included in the draft policy for consultation. It is proposed to make no changes to this except for minor amendments. It is proposed to reference the latest deprivation index ratings (NZ Dep 2013) for Matamata-Piako as a basis for considering the high deprivation communities within our district when a venue wishes to relocate. Advantages Council must consider the social impact of gambling in high-deprivation communities within its district. Allows Council to influence the relocation of venues, where they may create a negative impact Possibility to restrict relocations such as placing requirements around them relocating into a higher deprivation area, which may help reduce problem gambling. Disadvantages Does not provide flexibility for venues and corporate society who may wish to relocate where this falls outside the scope of the policy. May create unintended consequences and unreasonably restrict the operation of gaming venues who wish to move premises. TAB Board Venue Policy Option 1 Status quo The TAB Board Venue Policy would remain as is with a cap of one venue per town. This is our preferred option. Advantages Allows one more venue in each of our three main towns. Option 2 Increase the cap on venues Disadvantages Allows one more venue in each of our three main towns. Increased likelihood that gambling could become a significant problem in our district. Option 2 would mean the current cap on one venue per town would increase. Page 54 Gambling and TAB Board Venue Policies approval for consultation

53 Advantages Allows more TAB board venues to operate. Potentially more money available to give as grants to community organisations. Option 3 Adopt a sinking lid policy Disadvantages Allows more TAB board venues to operate. Increased likelihood that gambling could become a significant problem in our district. Option 3 would mean that no new TAB board venues would be issued, as there are currently no TAB Board venues in the district this would mean that no new venues could be established under this Policy. Advantages Does not allow new TAB board venues to be established within the district. Based on the rationale that reducing availability will reduce the risk of harm, this option has potential to reduce the local impact of problem gambling as a result of race and sports betting. Reduced likelihood that gambling would become a significant problem in our district. Disadvantages Does not allow anymore TAB board venues to operate. There would potentially be less money granted back to community organisations. Council s Policy can only exercise control over the establishment of TAB Venues. An unintended consequence of placing a moratorium on new TAB Venues could be an increase in other types of TAB outlet e.g. Pub TABs. Attachment C Item 6.2 Option 4 Introduce location restrictions for TAB Board Venues It is difficult to determine whether more harm is experienced when bets are placed via TAB venues versus other TAB betting services. As other methods to participate in race and sports betting are readily available, it is unlikely that introducing a policy which does not allow new TAB Venues to establish would have any significant impact at all, especially given there are no such venues in the district. It is possible to place restrictions on the location where new TAB venues can establish. Advantages May assist in reducing the risk of harm and the impact of problem gambling as a result of race and sports betting. Disadvantages No specific concerns have been raised in relation to the location of TAB venues in previous policy consultations and it is not considered that location restrictions are Gambling and TAB Board Venue Policies approval for consultation Page 55

54 Attachment C Item 6.2 Would potentially align with the class 4 gambling venue policy location restrictions The submission process required at this time. Process Council approve statement of proposal and draft Gambling Venue Policy and TAB Board Venue Policy 2018//19 for public consultation Consult the community (alongside the Annual Plan 2019/20 and various policies) Council hearing (volume of submitters will determine if the meeting is required to run for both days) Submitters to be advised of outcome of hearing Date 20 March 22 April /16 May May-22 June 2019 Adopt Policies 26 June 2019 New Policies apply 1 July 2019 Where can I find more information? You can download both the Gambling Venue and TAB Venue Policies and other relevant documents at and you can view a copy of these documents at our offices or libraries. How can I have my say? We actively encourage the community to contribute to the formation of these important documents and it is easy to have your say. Simply make a submission on any/all draft documents (Gambling Venue Policy, TAB Board Venue Policy, Fees and Charges 2019/20, or any of the other documents) and return it to us by 22 April You can make a submission: Online - through our website at - submissions@mpdc.govt.nz Fax Written - forms are available at any of our offices or libraries, or you can simply write your submission as a letter and either drop if off at one of our offices or post it to: Submissions PO Box 266 Te Aroha 3342 Note: Please be aware that submissions made to Council are public information. Your submission will be used and reproduced for purposes such as reports to Councillors, which are made available to the public and media. If you advise in your submission that you wish to speak to your submission at the hearing on 15 May 2019, Council staff will contact you (please ensure to provide a day time contact) to arrange a time for you to speak at the meeting on 15 May 2019 (volume of submitters determines if the meeting will run 16 May also). If you advise on your submission assistance is required Council is able to offer assistance with special requirements such as New Zealand sign language and audio visual mechanisms. Page 56 Gambling and TAB Board Venue Policies approval for consultation

55 Gaming machine proceeds exressed in $ Corporate and Operations Committee Office and library locations Te Aroha Council Office: Kenrick Street Te Aroha Te Aroha Library: Rewi Street, Te Aroha Morrinsville Area Office or Library: Canada Street, Morrinsville Matamata Area Office or Library: Tainui Street, Matamata Any questions? We are here to help - so if you have any questions about the Policies or the submission process please let us know. Just call us on and let our friendly Customer Services staff know you have a question about the Gambling Venue and TAB Venue Policies. You must have your submission back to Council by 5pm 22 April 2019 Appendices Appendix 1 1 $6,200,000 $6,000,000 $5,800,000 Gaming machine proceeds in MPDC by year $5,826, $5,728, $6,059, $5,857, Attachment C Item 6.2 $5,600,000 $5,400,000 $5,532, $5,369, $5,299, $5,310, $5,200,000 Financial year 1. Department of Internal Affairs - We-Provide-Gaming-Machine-Proceeds-(GMP)-Data Gambling and TAB Board Venue Policies approval for consultation Page 57

56 Proceeds expressed in $ Gaming machine proceeds expressed in $ Corporate and Operations Committee Attachment C Item 6.2 Gaming machine proceeds in MPDC by quarter $1,600,000 $1,550,000 $1,500,000 $1,450,000 $1,400,000 $1,350,000 $1,300,000 $1,250,000 $1,200,000 Financial quarter $11,000, $10,000, $9,000, $8,000, $7,000, $6,000, $5,000, $4,000, $3,000, $2,000, Yearly proceeds of MPDC - compared to other districts Financial year MPDC Hauraki Waipa TCDC SW WAI DC Gross Machine Proceeds: Means the amount spent (lost) by participants - the total amount wagered minus any winnings or payouts. It is also each operator s gross profit from their gambling products. Page 58 Gambling and TAB Board Venue Policies approval for consultation

57 Loss per head expressed in $ Loss per head expressed in $ Corporate and Operations Committee Appendix 2 2 $ $ $ $ $ $ $ $ $ $ $ Matamata Piako Loss per head by year $ $ $ $ $ $ Financial year $ $ Attachment C Item 6.2 Loss per head - comparison with other districts June 2018 Quarter $ $ $ $ $96.54 $ $80.00 $60.00 $60.93 $49.03 $65.07 $70.91 $40.00 $20.00 Territorial authority districts 2. Department of Internal Affairs - We-Provide-Gaming-Machine-Proceeds-(GMP)-Data Statistics New Zealand, 2006 and 2013 census s Gambling and TAB Board Venue Policies approval for consultation Page 59

58 Attachment C Item 6.2 Loss per head expressed in $ $ $ $ $ $ $ $ $ $ $ $ Loss per head on Pokie Machines yearly - comparison with other districts and Natioanlly 2010/ /18 Financial year HAURAKI WAIPA TCDC SW WAI DC MPDC NATIONAL The gambling loss per head is calculated by taking the population 18 years and over and dividing it by the latest proceed figures published by the DIA (refer Appendix 1). Page 60 Gambling and TAB Board Venue Policies approval for consultation

59 Referrals per captia Number of people Corporate and Operations Committee Appendix New Problem Gambling Referrals from Matamata-Piako Financial year 6 6 Number of new people per thousand assisted with problem gambling 2010/ /17 (i.e Referrals) 2 7 Attachment C Item / / / / / / /17 Financial year MPDC Hauraki TCDC WAI DC WAIPA DC SW National 3. Ministry of Health Statistics New Zealand, 2006 and 2013 census s Gambling and TAB Board Venue Policies approval for consultation Page 61

60 Attachment C Item 6.2 Appendix 4 45 Trusts Grant Amount Lion Foundation (2008) $ 709, Pub Charity Ltd $ 250, Grassroots Trust Grants $ 146, NZ Community Trust $ 111, First Sovereign Trust (Now known as One Foundation) $ 81, NZ Racing Board (TAB) $ 15, Infinity Foundation Ltd $ 8, Four Winds Foundation Limited $ 6, Blue Sky Community Trust $ 2, Dragon Community Trust $ Grand Total $ 1,332, Problem Gambling Foundation of New Zealand, Gambling Report with Grants and Analysis Matamata-Piako TLA. Page 62 Gambling and TAB Board Venue Policies approval for consultation

61 Attachment C Item 6.2 Type Grant Amount Sports $ 860, Community service $ 277, Community group $ 194, Grand Total $ 1,332, Gambling and TAB Board Venue Policies approval for consultation Page 63

62 Attachment C Item 6.2 Page 64 Gambling and TAB Board Venue Policies approval for consultation

63 Type Grant Amount Education $ 217, Other Sports $ 172, Rugby $ 171, Community Group $ 155, Basketball $ 122, Softball $ 58, Bowling $ 52, Cycling $ 50, Soccer $ 50, Health Related $ 39, League $ 35, Netball $ 34, Racquets $ 33, Special Olympics/Sports for the disabled $ 24, Community service $ 23, Kindergartens/Childcare/Plunkett $ 20, Gym Sports (Includes weightlifting/boxing/wrestling) $ 18, Arts $ 14, Cricket $ 14, Hockey/Ice Hockey (Excludes Inline Hockey) $ 10, Water Sports (Sailing, Swimming, Fishing, Water Polo) $ 8, Equestrian/Pony Clubs $ 6, Grand Total $ 1,332, Attachment C Item 6.2 Gambling and TAB Board Venue Policies approval for consultation Page 65

64 Attachment D Item 6.2 Page 66 Gambling and TAB Board Venue Policies approval for consultation

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83 Documents executed under Council seal - October/November 2018 Trim No.: Item 6.3 Executive Summary The schedule of documents executed under Council Seal for October and November 2018 is attached to the Agenda. Recommendation That: 1. The information be received Content Attachments A. Schedule of Executed Documents - October/November 2018 Signatories Author(s) Meghan Lancaster Committee Secretary Approved by Sandra Harris Acting Strategic Policy Manager Don McLeod Chief Executive Officer Documents executed under Council seal - October/November 2018 Page 85

84 Attachment A Item 6.3 Matamata-Piako District Council Schedule of Executed Documents October and November 2018 NO DATE DOCUMENT DESCRIPTION EXECUTE RM # EXECUTED D BY 1 11/10/2018 Warrant of Appointment Sarah Osborne CEO /10/2018 Warrant of Appointment Blaze Tanner CEO /10/2018 Warrant of Appointment Ian Cranefield CEO /10/2018 Fencing Covenant 35 Banks Road CEO Matamata, Johnston Family and Friends Trust Limited /10/2018 Bond Discharge for Landscaping work, Piako CEO Park Limited, Terminus Street Subdivision /11/2018 Warrant of Appointment Rebecca Shaw CEO /11/2018 Nettro Developments, 16 Jellicoe Road CEO Matamata, Fencing covenant 8 23/11/2018 Partial Bond discharge Avenue Industrial CEO Park Limited, /11/2018 Cancellation of building line restriction Nettro CEO Developments, 16 Jellicoe Road, Matamata 10 30/11/2018 Cancellation of drainage easements - Nettro Developments, 16 Jellicoe Road, Matamata CEO Page 86 Documents executed under Council seal - October/November 2018

85 Health and Safety Report - November 2018 Trim No.: Item 6.4 Executive Summary The health & safety report for the period 1 20 November 2018 is attached. The Health & Safety Manager will be in attendance to discuss the report with Council. Recommendation That: 1. The report be received. Content Attachments A. November 2018 Signatories Author(s) Sandy Barnes Health & Safety/Quality Manager Approved by Dennis Bellamy Group Manager Community Development Health and Safety Report - November 2018 Page 87

86 Attachment A Item 6.4 Health & Safety Report November 2018 Introduction NOTE: Due to agenda timeframes, this report is only up to 20 November The final November report will be included on the February COC meeting with the December and January reports. The Health & Safety Committee met and reviewed the results of the H&S Climate survey. Their recommendations were taken into consideration when the work plan for 2019 was developed. Refer to page: 13. Events of interest during the month included: Minor vehicle accident KVS truck backed into campervan. Abusive customer regarding Morrinsville Pool closure due to faulty pump. Break-in at DOC shed in Te Aroha Domain. Customer concern regarding height of steps inside mens public toilet near the Matamata Soccer Club. Two incidents relating to inappropriate storage of tables & chairs at Matamata Civic Centre. Two instances of wrist discomfort. Workstation set-ups have been reviewed. The annual review of risk management was completed and the recommendations considered when prioritising the work plan for *Terminology: the term event used in the Health and Safety at Work Act (2015) includes safety events such as incidents (including near misses), injuries, illnesses and fatalities. Annual Key Objectives Our key objectives for 2018 are: Improving contractor H&S management Improving safety collaboration Improving accessibility to H&S information Improving health and wellbeing (improve general health, stress and bullying reduction) Page 88 Health and Safety Report - November 2018

87 Information on how these objectives will be achieved, measured and our progress are included at the back of this report as Appendix A. Monitoring risk Risk Management Hazard/Risk tracking # new risks identified 2 New Jacobsen Mower; Matamata Waste Water Treatment Plant: pump room compressor. # existing risks reviewed 132 # existing risks overdue for review 15* # risk control (CA s) completed 50 # risk control (CA s) overdue 15+ days** 57 *The KVS H&S Coordinator is working through the outstanding Retic/Works and Parks team risks. ** Explanation of risk control CA s During a risk review corrective controls are identified. These are then loaded into Vault and allocated to the appropriate staff member to action. A timeframe is placed on the CA for completion. These controls are therefore 15+ days over the timeframe placed for completion. This figure does not differentiate between high and low risks. Attachment A Item 6.4 The two graphs below explain 1. the number of corrective actions (CA s) overdue by team and whether they are Underway or Not Started. 2. which of our Top 10 risk categories the CA s fall into Overdue Risk Corrective Actions by Team Not Started Underway Health and Safety Report - November 2018 Page 89

88 Attachment A Item 6.4 Plant, Equipment, Machinery 16% OVERDUE RISK CA'S BY CATEGORY Work on/near water Work on the road 2% Work at Height 19% Psychological Factors Confined Space 3% Driving on the Road 5% Energy Excavation 2% 0% Not in Top Ten 19% Haz, Flam, Toxic, Bio Subs Note: Hazardous substances category includes silica dust, asbestos and waste water. Council s organisation wide Top 10 critical risks / significant hazards categories RISK / HAZARD Hazardous, flammable, toxic, biological substances Faecal incident at pools. ACTION TAKEN Chemical delivery driver not wearing appropriate PPE Driving on the roads Minor vehicle accident truck backed into campervan. Psychological factors Abusive customer regarding Morrinsville Pool closure due to faulty pump. Confined space entry Working on the road Working at heights Energy Excavations Working over / near water Plant, equipment, machinery Two incidents relating to inappropriate storage of tables & chairs at Matamata Civic Centre. Two instances of wrist discomfort. Workstation set-ups have been reviewed. Page 90 Health and Safety Report - November 2018

89 Staff inductions # staff inductions completed 3 # staff inductions outstanding 0 # refresher inductions completed 0 # refresher inductions outstanding 0 Procurement # procurement assessments completed 1 # procurement assessments outstanding 0 Plant, equipment & machinery # incidents / near misses where plant/equipment design is a contributing factor Review & Audits 0 # internal audits conducted 3 The annual review of risk management was completed. # internal audits outstanding* 6 # external audits conducted 0 Attachment A Item 6.4 * Schedule of audits to be conducted by H&S Reps Process / Risk / Hazard Top 10 Risk Category Auditor Due date General Maintenance at Transfer Stations Substances Bryan Turner April Epipen Use Critical incidents Charissa Tarry Completed Stumpgrinder Safe Work Procedure Plant, equip, mach. Tony Watts Completed Pressure DE filter washdown Substances Trudy Haines Completed Lifting a pump from a well (with safety rails) Working on/over water Hayley Coetzer Completed Jacobson Mower Safe Work Procedure Plant, equip, mach. Stacey Blake Completed Tie Down & Lifting Chain Inspection Plant, equip. Mach. Kerry Tanner Completed Mowing Waharoa Aerodrome Plant, equip, machinery Gary Robinson Completed Safe work with Asbestos Cement Pipes (AC Pipes) Substances Daniel Wright May Hazardous Waste Sheds Refuse Transfer Stations Substances Kenneth Ranger Completed Self Contained Breathing Apparatus Plant, equip, mach. Charissa Tarry Completed Safe Work with a Harness Working at Heights Rochelle Rogers June Annual Ladder inspections Plant, equip, mach. Stacey Blake Completed Disposal of screenings MVWWTP Substances Rick Smith Completed Lightning Emergency Procedure Energy Kerry Tanner August Monitoring Sodium Hypo Liquid Bulk Delivery Substances Ross Hall Completed SZMM & Sodium Hypo Safety Procedure KVS Escalation Working Alone Serv. Critical incidents Rochelle Rogers August Hedge Trimming Safe Work Procedure Plant, equip, mach. Hayley Coetzer Completed Lifting manhole lids (Retic) Working over/near water Trudy Haines September Lock Out Process for Electrical, Air or Hydraulic Driven Machinery Plant, equip, mach. Gary Robinson October Health and Safety Report - November 2018 Page 91

90 Attachment A Item 6.4 Safe Access to Silver Fern Farms Events Centre roof Working at Heights Daniel Wright October Operating crane vehicle Plant, equip, mach. Sandy Barnes November Fitting extensions to Fork Hoist Plant, equip. Mach. Ross Hall Completed Emergency Safety Shower & Eye Wash Test Plant, equip, mach. Rick Smith November Safe work around an excavator & Excavator Loading Excavations Sandy Barnes November & Unloading PL625 Safe Work on Water Using a Boat Working on/near water Bryan Turner November MMWWTP - Entering Influent Chamber for Routine Confined Space Tony Watts December Washdown Investigate and repair a Catchpit Tomo Working over /near water Schedule in 2019 Agrichemical Application Substances Schedule in 2019 Cleaning Septage Unit Substances Schedule in 2019 Te Poi 200L PACL drum deliveries Substances Schedule in 2019 Vacuum Cleaner : Safe method to remove filter and dust bag Plant, equip, mach. Schedule in 2019 Emergency Management Emergency Response Plan testing Emergency Response Plans (ERP) still to be written Emergency Response Plans (ERP) tested by due date 4 Waste Water plants. 0 None scheduled. Emergency Response Plans (ERP) test overdue 1 Matamata Water Treatment Plant is overdue This has been discussed with Matamata Fire Brigade and is being postponed to February Building Trial Evacuations Trial evacuations completed on time 0 None scheduled. Trial evacuations overdue 12 Te Aroha Event Centre, AR Johns Building, Westpac Event Centre, SwimZone Matamata, Matamata Memorial Centre, Waste Water Treatment Plants (x5), Water Treatment Plants (x2) These have been discussed with the relevant staff. Trial evacuations completed for Council halls Trial evacuations/training programmes overdue for Council halls 0 8 Waitoa (no reply to s), Tauhei (scheduled for 27 November) Manawaru (no reply to phone calls), Tatuanui (scheduled for 12 December), Tahuna (scheduled for 14 November), Piarere (scheduled for 4 December), Hoe-O-Tainui (no reply to phone calls), Kereone (scheduled for 6 December) Page 92 Health and Safety Report - November 2018

91 Emergency Equipment checks # equipment checks conducted 0 Staff health / monitoring Health monitoring conducted Summary of testing provided Number completed Issues or referrals to another health professional Annual/repeat health monitoring 13 Abnormal spirometry (1) Pre-employment testing Exit medical screening Wellness (voluntary) 5 Workstation Assessments 4 Health promotion/tool box talks Vaccinations 5 Bloods 1 Respirator fit tests conducted Asbestos surveillance chest x-rays Health monitoring declined None. Attachment A Item 6.4 Drug testing # pre-employment drug tests 2 No issues. # post incident drug tests conducted 1 No issues. # reasonable cause drug tests 0 # random drug tests conducted 10 No issues. Return to work (RTW) programmes # work related RTW programmes 0 # pending work related RTW programmes 0 # pending non-work related RTW programmes 3 Site safety audits (non-contractor sites) # audits conducted 2 Works Team, SwimZone Matamata Events (Accident / Incidents) # incidents for period 18 # incidents notifiable to WorkSafe 0 Health and Safety Report - November 2018 Page 93

92 Attachment A Item 6.4 # of LTI s 0 # ACC claims 1 Investigations not completed by due date* Incident Corrective actions not completed by due date^ ^ Accident/event corrective actions overdue by more than 15 days Overdue event corrective actions (by team) Not Started Underway Location of incidents Firth Tower 1 i-site 2 SwimZone MM 3 Te Aroha Office 1 MM Civic Centre 2 3 Waters 1 TA Library 1 SwimZone MV 3 Off Site 3 SwimZone TA 1 Staff injury by body location: Person involved in event (by type) 0 Third Party 50% Worker 44% Contractor 6% Worker Contractor Third Party Page 94 Health and Safety Report - November 2018

93 Total Incidents by month Staff incidents by body location YTD YTD Attachment A Item 6.4 Health and Safety Report - November 2018 Page 95

94 Attachment A Item 6.4 Breakdown of incidents by site Breakdown of incidents by person type YTD Injury Illness Incident Near Miss YTD Employee Public Contractor Volunteers Page 96 Health and Safety Report - November 2018

95 Frequently recurring issues Incidents related to "Top 10 Hazards/Risks" YTD Attachment A Item LTI statistics LTIFR Lost Time Injury Frequency Rate Number of injuries that resulted in a day or more off, divided by number of hours worked over the same period x 200,000 TRIFR Total Recordable Incident Frequency Rate All injuries that required greater treatment than first aid (e.g. doctor, hospital, death). Calculated using same of injuries (as LTIFR) divided by the number of hours worked over the same period. AIFR All Injury Frequency Rate This is the TRIFR with first aid treatment injuries added. Health and Safety Report - November 2018 Page 97

96 Attachment A Item 6.4 Yearly LTI totals KVS LTI totals LTIFR TRIFR AIFR 2014/ / / /18 YTD 2014/ / / /18 YTD Admin (incl. Libraries) LTI totals LTIFR TRIFR AIFR Aquatics LTI totals / / / /18 YTD 2014/ / / /18 YTD 0 LTIFR TRIFR AIFR 0 LTIFR TRIFR AIFR The cost of injuries to Council & ACC Year Total # of staff injuries Total # resulting in costs to Council & amount Total # resulting in costs to ACC & amount # of on-going claims/injuries 2018/19 YTD 16 2 incidents $1, / incidents $4, incidents $1, incidents $61, One One Year Total # of staff injuries Total # resulting in costs to Council & amount Total # resulting in costs to ACC & amount # of on-going claims/injuri es Page 98 Health and Safety Report - November 2018

97 2016/ incidents $10, / incidents $6, Costs to Council may include: Medical referrals Salary top-up outside 80% paid by ACC 14 incidents $40, incidents $54, Worker to cover role including salary, higher duty payments, advertising, recruitment Investigations external investigator Modification or purchase of new plant, equipment, PPE Monitoring relationships Wellbeing initiatives Nothing to report. Volunteers Nothing to report. None None Attachment A Item 6.4 WorkSafe New Zealand News release items are provided to members as they are received. Internal worker engagement Meeting attendance # E-Team meetings where H&S was discussed 4 Key outcomes: Recorded in minutes. # H&S Committee meetings 1 Key outcomes: Discussion on H&S Climate survey results and ideas for 2019 work plan. # other H&S meetings conducted 0 Key outcomes: # HR / H&S Manager meetings 1 Key outcomes: Recorded in Trello. # KVS H&S meeting for team leaders & H&S Reps 2 Key outcomes: Recorded in minutes # REACH Rep meetings 0 Key outcomes: Recorded in minutes. # REACH Rep discussions with staff 1 Key outcomes: Still underway Refusal to undertake work # incidences of push-backs (staff refusing to undertake unsafe work or stopping unsafe work) 0 Key outcomes: Health and Safety Report - November 2018 Page 99

98 Attachment A Item 6.4 External engagement Forum # attended Waikato LASS (6 weekly) 1 Key actions Waikato/BOP Local Government H&S Forum (quarterly) 0 MPDC to host in February 2019 Waikato LG H&S Managers & WorkSafe NZ (6 weekly) 0 Next meeting in December Meetings with ACC 0 NZISM meetings 0 Waikato LASS H&S Working Party projects Project Status Comments Reporting Indicators for Safety Performance Underway Framework to be approved by the LASS Board in December and benchmarking to commence in early Health & Safety Committee TOR review Regional H&S Management Framework & Current Best Practice documents Research opportunities for on-line contractor inductions Co-ordinate meeting between WorkSafe NZ & Council building inspectors Audit of SHE Contractor pre-qualification scheme Completed Completed Not started Underway 14 Current Best Practice guides covering various topics. The H&S Manager is part of this working party. The H&S Manager is sorting this with WorkSafe NZ. Not started Scheduled for March Contractor Management # unapproved contractors used 1 Fitzog Contractor auditing # Contractor Site safety audits conducted 3 HEB Construction, First Klaas Pest Control, Centigrade Contractor inductions # on-site contractor inductions completed and provided to H&S team 0 # Council (2 yearly) Contractor inductions conducted by H&S team 0 # attendees Next due in 2018 Page 100 Health and Safety Report - November 2018

99 Pre-qualification scheme The H&S Manager met with the new NZ Manager (Jean Ryan formerly of Vault) and Company VP, David Foley. We discussed the outcome of our survey of contractors and our contractor evening. It was a very useful meeting and SHE will be providing an update to the LASS meeting on 21 November. Celebrating success Staff/contractors/volunteers celebrated for their actions to support good H&S Monitoring resourcing Process management 1 Fulton Hogan (Waihou) to receive the Spotlight on Safety Award at the COC meeting. # processes created in Promapp 2 # procedures in Promapp reviewed 6 # processes in Promapp overdue for review (primarily by the H&S team) # corrective actions in Promapp Improvement Module not closed 47 # feedback in Promapp with no responses 0 7 Attachment A Item 6.4 Policy management Nothing to report Training Training course # identified # complete d Key outcomes/commentary Complete / Outstandin g Disability awareness workshop 20 Underway First-aid Training November & December training scheduled Underway Fire Warden & Extinguisher Completed Traffic Controller Completed Confined Space 4 4 Completed STMS Level Completed Customer Conflict Awareness including Suspicious Package/Bomb Threat Rest will be scheduled in 2019 Completed Electrical Testing 6 1 Rest will be scheduled in 2019 Completed Chemical Handling 14 Approved Handler (Chlorine only) 5 Health and Safety Report - November 2018 Page 101

100 Attachment A Item 6.4 Forklift Operators Certificate 1 Underway Manual Handling 15 8 Rest will be scheduled in 2019 Completed Height Safety Introduction 8 4 Rest will be scheduled in 2019 Completed H&S Representative Training Underway SiteSafe Construction 6 Growsafe Basic Certificate 3 3 Completed Working at Heights (Water/Wastewater Team) 10 8 Completed Site Safe Foundation Passport - Civil 2 2 Completed WorkSafe CEO Video All 13 Underway LifeCare Consultants Cardiovascular Disease Webinar All 39 Underway LifeCare Consultants Hearing Webinar All 36 Underway LifeCare Consultants Lung Function Webinar LifeCare Consultants Sun Smart & Hydration Webinar LifeCare Consultants Poor Health = Risk Webinar All 32 Underway All 43 Underway All 41 Underway LifeCare Consultants Fatigue Webinar All 6 Underway Vault Management System Nothing to report. Health & Safety Team 18/19 project plan Underway Priority 1 o Staff Occupational Health Policy & subsequent health monitoring set-up COMPLETED. o Asbestos management Asbestos Management plan requires expert review UNDERWAY. o Solid waste contract issues ON-GOING Priority 1 : Risk framework, Vault maintenance UNDERWAY. Priority 2 : Lone worker UNDERWAY. Priority 2 : Contractor management UNDERWAY. Priority 3 : Worker engagement & participation COMPLETED. Draft Health & Safety Team 2019/20 work plan Priority 1 o Fatigue Management Policy Page 102 Health and Safety Report - November 2018

101 o Mental Health Strategy - UNDERWAY o HASNO compliance to new Regulations o LASS Project On- Priority 2 o RFT for H&S training courses/providers o Drug & Alcohol Policy review o Lone worker - UNDERWAY Priority 3 o Stress Policy review o Risk management UNDERWAY Officer (elected member) due diligence Policy & Planning 1. Keep up-to-date with health & safety matters o NZ Herald article Working long hours not good for our health or our career o WorkSafe NZ media release Machine guarding standards still not met by too many companies o WorkSafe NZ media release Damaged footpath led to elderly man s death o WorkSafe NZ media release Builder in court after unlicensed and unsafe asbestos removal o Stuff article Big fine for Carter Holt Harvey after worker struck in conveyor belt Attachment A Item Understand the nature of our business and its hazards and risks o Monthly report to Council Delivery 3. Ensure Council has appropriate resources and processes to eliminate or minimise risks to health and safety o Audit information included in monthly report. Monitor o Staff training information included in monthly report. 4. Ensure there are appropriate reporting and investigation processes in place o Accident/incident information included in monthly report. o Accident investigation status included in monthly report. 5. Ensure we have and implement appropriate processes for complying with the Act monitor & comply o Audit information included in monthly report. Review 6. Verify o Council approved the reviewed Council H&S charter and discussed possible objectives for Executive Team Due Diligence Plan for October 2018 : Manaia Te Wiata Health and Safety Report - November 2018 Page 103

102 Attachment A Item 6.4 APPENDIX A 2018 H&S Objectives 2018 Health & Safety Objectives Objective How achieved Measured by Status Improving Contractor H&S management Improving safety collaboration Auditing Contract managers conduct safety audits of their contractors and provide completed reports to the H&S team. Third tier managers to monitor their teams to ensure audits are being conducted within required timeframes. Inductions Develop an induction system for providing Contractor inductions appropriate to the worksite and level of risk. Increased H&S rep participation in risk register reviews and process audits. 5 large contracts and 5 smaller contractor jobs (works order) audited at the end of 2018 to check whether they: Completed a H&S Risk Assessment at the start Provided an appropriate induction for the contractor Had an appropriate plan for auditing the contractor and complied with it Completed a post contract review (where applicable) with a target of 50% compliance on each of those measures. Contractor induction system prepared and ready for launch in H&S reps to complete at least two process audits in an area outside their area of work per year. Audit scheduled to be completed in November Site specific induction form launched for high risk sites. Training provided for contract managers in planning for contractor H&S management. Audit schedule provided to H&S reps 30 scheduled, 10 complete, 14 overdue H&S reps to complete at least one risk register review per year. Schedule provided to H&S reps 14 scheduled, 6 complete Review of the worker participation (H&S Rep/Committee) system and structure in line with new HSWA. Worker participation system meets requirements of regulations. Process is complete. H&S Committee meetings to be attended by at least 50% of H&S Reps. February 8/10 March 11/15 May 11/16 August 9/13 Page 104 Health and Safety Report - November 2018

103 Improving accessibility to H&S information Develop system for providing sharing of learnings with staff on events, risks etc. Encouraging a no blame culture to ensure staff feel comfortable reporting incidents, risks etc without fear of ridicule or repercussions. Promote near miss reporting. Promapp refresher training sessions conducted (relevant to sites). Improved feedback in staff climate survey on the reporting back of issues raised: Q31 (I believe the outcome of accident investigations is adequately communicated to those involved ) improvement in never & occasionally combined to less than 10% results were 13%, 2017 results were 12.95% Management Group and Team Leaders to view the Dr Todd Conklin video about failing safely. Failing Safely and no blame culture to be regularly discussed at Management Group meetings. Information provided to H&S Committee on what failing safely means and seeking their suggestions on how we can support this and encourage engagement Health and safety section to be added to expected behaviours section of PDT forms. Improved feedback in staff climate survey on Q30 ( I report near misses ) never/occasionally to go down to no more than 10% results were 12.14% All staff to have access to Promapp and RM. (Requires consultation with Records/IT) and refresher Promapp sessions conducted throughout the year results were 13% 2017 results were 12.95% 2018 results were 6.71% (ACHIEVED) H&S survey question added this year: Ï feel comfortable (or safe) providing information about H&S issues %said yes. Scheduled for discussion at the November Management Group and H&S Committee meetings. PDT system is under review results were 12.14% 2018 results were 8.61% (ACHIEVED) H&S survey question added this year and shows there are still a number of staff with no access. To be addressed with Records. Refresher Promapp sessions to be scheduled. Attachment A Item 6.4 Improved feedback in staff climate survey on accessibility of H&S information: Q4 ( H&S information is easy to find, communicated in a simple way ) occasionally to go down to no more than 10% results were 21.99%, 2017 results were 17.61% Q22 ( Safety processes are appropriate, logical and easy to follow ) 2016 results were 21.99% 2017 results were 17.61% 2018 results were 14.10% (NOT ACHIEVED) 2016 results were 10.71% Health and Safety Report - November 2018 Page 105

104 Attachment A Item 6.4 Improving health and wellbeing (improve general health, stress and bullying reduction) Information on risks specific to each team to be provided to team members. Develop guidelines for fatigue management and provide education to relevant staff. Review stress management policy to provide more user friendly staff guide. Develop an unacceptable workplace behaviours poster and associated education to encourage a reduction of bullying. occasionally to go down to no more than 7% results were 10.71%, 2017 results were 11.35% Teams to identify their high risk areas of work/tasks where this has not already been done (i.e. site hazard registers). (Requires consultation with teams and is expected to take some time to complete). New guidance on fatigue published by October 2018 and training provided. New guidance on stress management published by May 2017 and training provided. Improved feedback in staff climate survey on Q37 ( Do you feel the demands placed on you at work are generally more than you are able to cope with?) always/often responses to go down to no more than 15% results were 20%, 2017 results were 18.44% Improved feedback in staff climate survey on Q38 ( Have you experienced negative work related stress in the last 12 months?) always/often responses to go down to no more than 20% results were 25%, 2017 results were 20.71% H&S Committee to drive this initiative by seeking feedback in the Bulletin and then preparing a draft document for E-Team approval results were 11.35% 2018 results were 14.10% (NOT ACHIEVED) Not started and likely needing to be rescheduled to Not started and likely needing to be rescheduled to Not started and likely needing to be rescheduled to A separate stress survey will be put to staff before Christmas results were 20% 2017 results were 18.44% (to be part of separate survey) 2016 results were 25% 2017 results were 20.71% (to be part of separate survey) Complete. Promote health and wellbeing. Run two campaigns during the year on health and wellbeing topics such as healthy eating, exercise, sun smart (melanoma), work/life balance etc. Page 106 Health and Safety Report - November 2018

105 Request to commemorate the late Don Stanley at Matamata pools Trim No.: Item 6.5 Executive Summary The Matamata Swimming Club has proposed that a sign be erected on Muera Street welcoming patrons to the Don Stanley Aquatic Centre to commemorate the late Don Stanley. Don Stanley was a local councillor for more than 30 years, served as mayor of the former Matamata Borough and Deputy Mayor of the combined Matamata-Piako District. He was involved in swimming for many years and held various roles at local and national level. This included terms as president of the Matamata Swimming Club and the New Zealand Amateur Swimming Association. The report outlines potential commemoration options for Council to consider. Options Council has used in the past for commemorating individuals include: Plaques Signage Memorial furniture Memorial trees and gardens Naming of rooms or pools Naming of facilities Naming of streets. Recommendation That: 1. The report be received; 2. Council determines whether it wishes to commemorate the late Don Stanley at the Matamata pool complex; 3. Council determines its preferred form of commemoration. Content Background The Matamata Swimming Club has proposed that a sign be erected on Muera Street welcoming patrons to the Don Stanley Aquatic Centre to commemorate the late Don Stanley. The late T D (Don) Stanley was a local councillor for more than 30 years. During that time the offices he held included Deputy Mayor and Mayor of the former Matamata Borough and Deputy Mayor of the combined Matamata-Piako District. Don was involved in swimming and related sports for many years and held various roles at local and national level. This included terms as president of the Matamata Swimming Club and the New Request to commemorate the late Don Stanley at Matamata pools Page 107

106 Item 6.5 Zealand Amateur Swimming Association, Chairman of NZ Masters Swimming and Chairman of NZ Diving. He was also involved in several community groups (Attachment A). Council is asked to consider the request from the Swimming Club and determine whether it wishes to commemorate the late Don Stanley at the Matamata pool complex. Analysis Options considered There are various options available to commemorate contributions of individuals at Council facilities. Council has used the following methods: Plaques Signage Memorial furniture Memorial trees and gardens Naming of rooms or pools Naming of facilities Naming of streets. Plaques Plaques have traditionally been used to acknowledge the contributions of individuals or groups. Plaques are relatively inexpensive and do not occupy a lot of space which can be an advantage at indoor facilities (as opposed to memorials or free standing commemorative signage). Plaques tend to convey a sense of formality and/or austerity which can either be an advantage or disadvantage depending on the setting. While not as high profile as the naming of a facility the unveiling of a new plaque can present an opportunity for a commemorative event and/or publicity. Signage Commemorative signage has been used to acknowledge notable personalities and events. Signs typically provide more space for storytelling than plaques. There is generally more scope for the use of photographs and diagrams than with plaques which can potentially make signage more interesting or noticeable than a plaque. The flexibility of design allows for less formality than a plaque if that is desired. The unveiling of a new plaque can present an opportunity for a commemorative event and/or publicity. Memorial furniture This involves the naming of furniture or functional equipment along with a plaque or sign. The same comments apply as to plaques and signage except that an element of functionality is added. Memorial trees and gardens Memorial trees and gardens are often used in park settings. They are not considered appropriate within the pool complex. Page 108 Request to commemorate the late Don Stanley at Matamata pools

107 Naming of rooms/pools Council has acknowledged contributions by individuals and groups by the naming of rooms e.g. the Petersen Room at the Civic Centre. This option has a reasonably high profile and allows for plaques, signage, or other memorabilia to be displayed within the space. In this particular case naming a pool or enclosed pool area could be an option. In Te Aroha, the public swimming pool was briefly known as the Wyborn Pool. This was however due to a financial contribution that resulted in naming rights. The pool complex was known as Te Aroha Leisure Pools and later Swim Zone Te Aroha. The naming rights were time bound and the pool is no longer known as the Wyborn Pool. Item 6.5 Naming of facilities This offers the highest level of recognition. Renaming existing facilities can have implications in terms of branding. Council made the decision to rebrand all its pool complexes as Swim Zone in It was identified that all the pool facilities have common strengths, audiences and key messages but Council was spending money to promote each of them individually, which was not seen to make good business sense. Council s Communication Manager has advised that in terms of branding, it is not good practice to rename or create new brands on a regular basis. It is only three years since Council rebranded the Matamata Pools, so from a marketing perspective, it wouldn t be ideal to go through this process again. Despite the relatively low cost of the Swim Zone rebrand three years ago, there is a risk that rebranding again would be perceived as a waste of money (people usually assume rebrands are costly). There is also a risk that renaming the facility could lead to confusion if two Council pool complexes were known as Swim Zone and the other as Don Stanley Aquatic Centre for example. Council could chose to name the pools after Don Stanley but still brand and market the facility as Swim Zone Matamata however this is unlikely to recognise Don Stanley to the degree that associated with naming a facility and may be less effective than other commemoration options. Renaming the Matamata Sports Centre the Don Stanley Sports Centre could also be an option to consider as it would allow the pools to remain branded as Swim Zone Matamata. As the overall centre involves sports other than swimming, Council should consider consulting with users. Naming of streets There are already streets named after the Stanley family in Matamata. Request to commemorate the late Don Stanley at Matamata pools Page 109

108 Item 6.5 Table 1 below summarises methods for consideration at the Matamata pool complex. Table 1: Options for commemorating Don Stanley at the Matamata Pools Option Description Advantages Disadvantages Cost Estimate Simple process 1 Commemorative plaque Follows precedents Economic use of space Lower profile Limited space for storytelling $300 installed Low cost Simple process 2 Interpretative signage inside pool complex Follows precedents Offers more scope for storytelling Lower profile than naming a facility $500-1,000 installed 3 Commemorative furniture with plaque Simple process Follows precedents Functional Lower profile than naming a facility Limited asset life $1,500-$1,800 depending on type of furniture 4 Naming a pool Higher profile 5 Naming pool complex Highest profile Some potential for confusion Inconsistent branding Greater potential for confusion $ depending on whether a plaque or sign is used Analysis of preferred option There is no preferred option. Legal and statutory requirements Not applicable. Impact on policy and bylaws There is currently no Council policy on the naming of buildings or facilities other than the naming of parks/reserves. The Signage Strategy 2016 provides guidelines on signage at Council parks and facilities. Objective 5 of the Signage Strategy acknowledges significant contributions by community groups and agencies where appropriate. This applies more to partnership projects with community groups and other agencies. The Strategy also states that Council may by Resolution choose to acknowledge key sponsorships of major projects through the naming of a facility or part of a facility. It adds that this type of acknowledgement is generally for cases where a sponsor has provided the majority (or a significantly larger) financial contribution towards a project or the project is unlikely to have been completed without the funding contributed by the sponsor. The Signage Strategy does make provision for interpretation/commemorative signage. Page 110 Request to commemorate the late Don Stanley at Matamata pools

109 The recently-adopted Donating an Asset/Memorial to Council Policy is not applicable to this situation as the pool complex is an existing facility. Consistency with the Long Term Plan / Annual Plan Not applicable. Item 6.5 Impact on Significance and Engagement Policy Council s pool complexes are identified as significant in the policy. Council may therefore wish to consult on renaming the facility if that is the preferred option. Communication, consultation and decision making processes Council s pool complexes are identified as significant in the policy. Council may therefore wish to consult on renaming the facility if that is the preferred option. Consent issues Whether or not consents are required will depend on the nature and scale of the proposal. Contribution to Community Outcomes Healthy communities Vibrant cultural values. Financial Impact i. Cost The cost will depend on the option chosen and the detail of the design, manufacture and marketing associated with it. ii. Funding Source No funding source has been identified. Attachments A. Information about the late TD (Don) Stanley as supplied by his son Kevin Stanley Signatories Author(s) Mark Naudé Parks and Facilities Planner Approved by Susanne Kampshof Asset Manager Strategy and Policy Manaia Te Wiata Group Manager Business Support Request to commemorate the late Don Stanley at Matamata pools Page 111

110 Attachment A Item 6.5 Attachment A - Information supplied by Mr Kevin Stanley Mr TD (Don) Stanley OBE Swimming Life Member SNZ Don s involvement with swimming commenced some 75 years ago when he joined the Matamata Swimming Club first as a competitor from 1943 until 1955, and became secretary of the club aged 15 years in He then carried on fulfilling every position from Coaching to Committee then as President. Don s service continued with the Waikato Centre, serving as Club Delegate, Selector and President with his active service to the Waikato Centre spanning some 26 years. Don was key to introducing Masters Swimming to New Zealand when in 1974 the first NZ Masters Swimming event was held in Matamata. Don went on to become the Foundation Chairman of NZ Masters Swimming. He was elected as Vice President of the New Zealand Amateur Swimming Association for 1982/1983 and as President 1983/1985 and followed as Chairman of NZ Diving 1986/1987. Don also took an active part in the formation and transfer from NZASA to the NZ Swimming Federation. He was appointed Chairman of 1990 Commonwealth Games Aquatic Sports Organising Committee which was held in Auckland, and as such was included in Assid Corban s Advisory Committee for the establishment of the Henderson Swimming Complex, the Aquatic venue for the Games. This required frequent travel to meetings at the Henderson Borough Council and he was subsequently awarded Life Membership of the WestWave Pool and Leisure Centre. In 1999 he filled in as CEO of the NZ Swimming Federation on a voluntary basis for several months due to the sudden resignation of the CEO and was faced with the preparation of that years AGM which led to the change to all the Aquatic disciplines becoming autonomous. Following on from this he was requested to assist in the formation of Aquatics NZ Inc which was to be the FINA link in NZ. Don s most outstanding contribution to the sport was his role in establishing the New Zealand Swimming Trust in 1989, and his stewardship as Chairman until he recently stood down. The Trust now has an outstanding record in the support of Swimmers, Divers and Synchro Swimmers. To date Page 112 Request to commemorate the late Don Stanley at Matamata pools

111 the Trust has awarded grants totalling almost $550, and has an invested capital of $420, Don Stanley has been awarded every Service Award, from his beloved Matamata Swimming Club and the Waikato Region, culminating in Life Memberships of both. The NZASA awarded him a Service Award in 1984 followed by a NZSF Honours Award in 1996 and SNZ bestowed on him a Life Membership in 2004 His outstanding contributions were recognised in 1991 when he was awarded an Officer of the Order of the British Empire (OBE) for services to Swimming and Local Government. Other Matamata Jaycees Rotary Matamata Member President 1976 Paul Harris Fellow 1992 Sapphire Pin 2016 Matamata Scouts Venturer Leader Attachment A Item 6.5 Matamata Ski Club Foundation President 1957 Honorary Life Member Don was elected to the Matamata Borough Council in 1962 and served his community with the Matamata Borough and later Matamata Piako District council for 36 years. For all bar 8 of these years, he was deputy Mayor of Matamata Borough Council, Mayor of Matamata Borough Council and Deputy Mayor of the Matamata Paiko District Council. In 1986 Don set up an working committee called Project 2000 which raised $750 for Pohlen Hospital. This group is now called Matamata Futures Trust In 1972 Don was elected as a Board Member to the then Thames Valley Electric Power Board. Through privatisation, he became Chairman of Valley Power which then merged with Takapuna Energy to become Power New Zealand, New Zealand's second-largest electricity retailer. During this time he also served as Director of Bay of Plenty Energy and Hutt Valley Energy. Request to commemorate the late Don Stanley at Matamata pools Page 113

112 Morrinsville River Walk - Gazetting of Walkway under Walkways Act 2008 Trim No.: Item 6.6 Executive Summary Council s is working with a number of landowners in developing the Morrinsville River Walkway. Greenlea s Ltd wish to retain ownership of their land where the walkway is proposed to cross. The Walking Access Commission recommends that Council seek to have the walkway established under the Walking Access Act This will protect all landowners and allow for closures on an as required basis for maintenance, development of farming activities. This report seeks Council approval: 1. To enter into a Walking Access agreement with Greenlea s for walking access over their land on Eynon Road, Morrinsville. 2. Gazette the Morrinsville River Walkway between Avenue Road South (western entrance of walkway) to Thames Street SH26 (eastern entrance of walkway) as a Walkway under the Walking Access Act Recommendation That: 1. The report be received 2. Council enter into a Walking Access easement agreement with Greenlea s for walking access along the river edge of their property on Eynon Road, Morrinsville 3. Council seek to have the Morrinsville River Walkway gazetted as a walkway under the Walking Access Act Content Background The Morrinsville River Walkway follows the Waitakaruru Stream and then the Piako River between the Morrinsville Show Grounds on Avenue Road South and Holmwood Park, accessed via Holmwood Park Drive, Morrinsville. When completed this walkway will be approximately 5.8km long and provide for walking, fitness and running access between these two park locations. There is approximately 2.1 km of walkway to build over a mix of private and Council land. This Walkway was identified in the 2007 MPDC Walkway Strategy with funding to build this walkway identified in the last two Long Term Plans. Council is currently working with three landowners to seek access across land for the walkway. These include the following properties and outcomes: Morrinsville River Walk - Gazetting of Walkway under Walkways Act 2008 Page 115

113 Item 6.6 Greenlea Eynon Road, approximately 640 metres in length, being an easement across private land. Chatfield Kereone Road, approximately 430 metres in length, being purchasing an esplanade strip for walkway access. River View Road property, approximately 105 metres, being purchasing an esplanade strip. The remainder of the 2.35 km of new walkway (0.9 km) is along Council esplanade reserve. The Greenlea s property will remain in the Company s ownership and they initially preferred a lease to occupy. Council officers have discussed a number of options with Greenlea s, these included: Lease to occupy Easement for walkway Walking Access easement On a recommendation from the Walking Access Commission (WAC), they have identified that a Walking Access easement allows for the following: Land ownership remains with land owner Walkway has own compliance and enforcement provisions Flexible for rules and restrictions eg track can be closed for track repair, pest control, flood danger, request by landowner. The easement then forms part of a Walkway that is created under the Walking Access Act Page 116 Morrinsville River Walk - Gazetting of Walkway under Walkways Act 2008

114 Item 6.6 Figure 1. Overview of Eynon Road property with Walkway access easement outlined in yellow. Contours (blue lines) are at 2.5m intervals. Council officers have been undertaking discussion with the Greenlea s management to seek their input and decision to seek a Walking Access easement. Council are awaiting confirmation from the company. The features are that the trail: has enduring access for its entirety has consistent permitted activities over the route (e.g. allows for walking or walking, cycling and dogs on leads) can be managed by the Controlling Authority (e.g. the Trail can be closed) Council are seeking to cover the whole walkway as one by linking all tracks and easements on each land title through a Gazette Notice. The whole walkway could then be Gazetted - with different parties identified, including Controlling authority (MPDC), landowner (MPDC / Greenlea), with maintenance undertaken by MPDC. This allows the Controlling Authority to manage the walkway as one route even though it covers different land types (including public land including esplanade strips and reserves and private land). Morrinsville River Walk - Gazetting of Walkway under Walkways Act 2008 Page 117

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