MINUTES

Policy Committee Meeting

Thursday, 20 February 2020

 


Policy Committee Meeting Minutes

20 February 2020

 

Order Of Business

1          APOLOGIES.. 3

1          Public Forum.. 3

2          Acceptance of Late Items. 3

3          Confidential Business to be Transferred into the Open. 3

4          Change to Order of Business. 3

5          Confirmation of Minutes. 4

6.1            Minutes of the Policy Committee meeting held on 29 January 2020. 4

6          Declaration of Conflicts of Interest 4

7          Business. 4

8.1            Deliberations on the proposal to remove the begging and rough sleeping provisions from the Street Use and Public Places Bylaw 2018. 4

8          Discussion of Late Items. 6

 

 


Policy Committee Meeting Minutes

20 February 2020

 

MINUTES OF Tauranga City Council
Policy Committee Meeting
HELD AT THE Tauranga City Council, Council Chambers, 91 Willow Street, Tauranga
ON Thursday, 20 February 2020 AT 1pm

 

PRESENT:              Cr Steve Morris (Chairperson), Cr Dawn Kiddie (Deputy Chairperson), Mayor Tenby Powell, Cr Jako Abrie, Cr Larry Baldock (via Skype video link), Cr Kelvin Clout, Cr Andrew Hollis, Cr Heidi Hughes, Cr John Robson, and Cr Tina Salisbury

IN ATTENDANCE: Marty Grenfell (Chief Executive), Christine Jones (General Manager: Strategy & Growth), Gareth Wallis (General Manager: Community Services), Jeremy Boase (Manager: Strategy & Corporate Planning), Ariell King (Team Leader: Policy), Rebecca Gallagher (Policy Analyst), Coral Hair (Manager: Democracy Services), Robyn Garrett (Team Leader: Committee Support), and Raj Naidu (Committee Advisor)

 

 

 1           APOLOGIES

Committee RESOLUTION PO5/20/1

Moved:       Cr Andrew Hollis

Seconded:  Cr Dawn Kiddie

That the apologies for absence received from Cr Bill Grainger and Dr. Wayne Beilby be accepted.

Carried

 

1            Public Forum  

Nil

2            Acceptance of Late Items

Nil

3            Confidential Business to be Transferred into the Open

Nil

4            Change to Order of Business

Nil

5            Confirmation of Minutes

6.1         Minutes of the Policy Committee meeting held on 29 January 2020

Committee RESOLUTION PO5/20/2

Moved:       Cr Tina Salisbury

Seconded:  Cr Kelvin Clout

 

That the minutes of the Policy Committee meeting held on 29 January 2020 be received and confirmed as a true and correct record.

Carried

6            Declaration of Conflicts of Interest

There were two declarations of conflict of interest:

·         Cr Jako Abrie declared a conflict of interest in relation to item 8.1. He was a former member of Under The Stars organisation.

·         Cr John Robson declared a conflict of interest in relation to item 8.1. He had made personal donations to organisations working in the begging and rough sleeping space.

7            Business

8.1         Deliberations on the proposal to remove the begging and rough sleeping provisions from the Street Use and Public Places Bylaw 2018

Staff:         Rebecca Gallagher, Policy Analyst

Ariell King, Team Leader: Policy

 

Key points

·         Consultations on the proposal to remove the begging and rough sleeping provisions from the Street Use and Public Places Bylaw 2018 had taken place from 20th November until 20th December 2019 and hearings had taken place on 29th January 2019.

·         The report summarised all the submissions received and outlined several themes that originated from the submissions and consultations. 

·         The decision to amend the Bylaw by Council required deliberation on considerations such as what the perceived problem was that required addressing and whether the Bylaw was the best option or not.   

·         Page 29 of the Agenda contained a diagram to map out the two decisions which Council had to consider and the consequential options for each of the decisions.

·         The report contained the advantages and disadvantages of the decisions including recommendations and options.

 

In response to questions

·         There were approximately 280 submitters who were in support of keeping the Bylaw in its current form.

·         There were approximately 96 submitters who were in support of removing the Bylaw in its current form.

·         This was an untested legal area for the Bylaw and the amended wording had some justified limitations therefore reduced the risk of the Bylaw being inconsistent with the Bill of Rights Act.

·         Paragraph 59 Clause 20.3 in the report had no implications under the Bill of Rights Act because the contentious issue was the begging provision and not the rough sleeping.

·         Due to the text of the amended wording being mainly from the Summary Offences Act and the added word ‘nuisance’ to the Bylaw, there was a potential that the legal challenge by the Tauranga Housing Advisory Trust could be withdrawn and any other legal challenges from elsewhere be averted.

·         There had been minimal complaints received under the Bylaw and an even smaller amount of enforcement carried out.

 

At 1.14pm the meeting adjourned.

At 1.24pm the meeting reconvened.

 

Motion

Moved:       Cr Andrew Hollis

Seconded:  Cr Kelvin Clout

That the Policy Committee recommend to Council:

(a)     The Street Use and Public Places Bylaw 2018 with the amendments below is the most appropriate form of bylaw and does not give rise to any implications under the New Zealand Bill of Rights Act 1990.

(b)     Amend clause 20.2 to cover nuisance or intimidatory begging:

 “No person shall beg within 5 metres of the public entrance to a retail premises within                         defined areas of CBD, Greerton and Mount Maunganui in a manner that is likely to  cause a nuisance, intimidation, harassment, alarm or distress to any reasonable person”

(c)     Amend clause 20.3 to cover rough sleeping which causes an obstruction:

“No person shall rough sleep within 5 meters of a retail premises within defined  areas of CBD, Greerton and Mount Maunganui in such a way as to cause an obstruction of a public way or of an entrance to a retail premises”

(d)     Resolves that the amendments clauses 20.2 and 20.3 shall come into force on 6 March 2020.

(e)     Delegate to staff the authority to make any typographical changes or correct any minor editorial changes for the purposes of correction or clarity before the Bylaw comes into force.

(f)      Action be taken to investigate:

(i)      Ways to continue to support and resource agencies in Tauranga working with people experiencing homelessness in alignment with the Western Bay of Plenty Homelessness Strategy; and

(ii)     Options to resource the need for enforcement of the Street Use and Public Places Bylaw.

 

In Favour:       Crs Dawn Kiddie, Larry Baldock, Kelvin Clout and Andrew Hollis

 

Against:           Cr Steve Morris, Mayor Tenby Powell, Crs Jako Abrie, Heidi Hughes, John Robson and Tina Salisbury

lost 4/6

Discusion points 

·         New Zealand was a first world country with a world class social services system and when combined with approximately forty community organisations working within the social service spaces, there should not be a single person out on the street begging or rough sleeping. 

·         The Bylaw was not a silver bullet, but it was a tool in the toolbox; however, it had to be the most appropriate tool to address the issues.

·         Council represented ratepayers and retailers alike, and it was in its best interests to see a resolution to the issues but a punitive measure like the Bylaw was not the way.  

·         Aggressive begging and intimidating or predatory behaviour were criminal activities under the Summary Offences Act making them a police matter; however, the police were failing to prioritise this as such. 

·         The revocation of the Bylaw could send the message that the Council cared more about the homeless and those engaging in illegal activities than the ratepayers and retailers.

·         Central government had to increase their funding to local police and social services organisations so that they have more resources to work effectively.

·         Local government needed to keep central government honest in this because they were failing to provide resources to these front-line agencies working in difficult conditions dealing with mental health issues, drug addictions, homelessness and domestic violence.

Committee Resolution  PO5/20/3

Moved:       Cr Jako Abrie

Seconded:  Cr John Robson

That the Policy Committee recommend to Council:

(a)     To revoke the begging and rough sleeping provisions (clauses 20.2 and 20.3) in the Street Use and Public Places Bylaw 2018.

(b)     The revocation of clauses 20.2 and 20.3 shall come into force on 6 March 2020.

(c)     Delegate to staff the authority to make any typographical changes or correct any minor editorial changes for the purposes of correction or clarity before the Bylaw comes into force.

(d)     Action be taken to investigate:

(i)      Ways to continue to support and resource agencies in Tauranga working with people experiencing homelessness in alignment with the Western Bay of Plenty Homelessness Strategy; and

(ii)     Options to resource the need for enforcement of the Street Use and Public Places Bylaw.

 

In Favour:       Cr Steve Morris, Mayor Tenby Powell, Crs Jako Abrie, Heidi Hughes, John Robson and Tina Salisbury

Against:           Crs Dawn Kiddie, Larry Baldock, Kelvin Clout and Andrew Hollis

 

Carried 6/4

8            Discussion of Late Items

Nil

 

The meeting closed at 2:09pm

 

The minutes of this meeting were confirmed at the Policy Committee meeting held on 16 June 2020.

 

...................................................

CHAIRPERSON